Contact: Fusion Global LLC.
9 Eisenhower Ave.
Spring Valley , NY 10977
Payments Terms of Service for Non-European Users
If you reside in, or the organization you are acting for is established in, the United States, the arbitration agreement and class actions waiver in Section 15 apply to you. Please read them carefully.
Last Updated: October 30, 2020
These Payments Terms of Service for Non-European Users (“Payments Terms”) are a binding legal agreement between you and B&b fusion Payments that govern the Payment Services (defined below) conducted through or in connection with the B&b fusion Platform. When these Payments Terms mention “B&b fusion Payments,” “we,” “us,” or “our,” it refers to the B&b fusion Payments company you are contracting with for Payment Services.
B&b fusion Payments provides payments services to Members publishing, offering and booking Accommodations, Experiences or other Host Services, including services in connection with the Open Homes Program and other current and future services provided via the B&b fusion Platform. These payment services may include (if available) the following (collectively, “Payment Services”):
Collecting payments from Guests (“Payin”), by charging the payment method associated with their B&b fusion account, such as credit card, debit card, bank account or PayPal account (“Payment Method”);
Effecting payments to Hosts (“Payout”) to a financial instrument associated with their B&b fusion account, such as a PayPal account, bank account, a prepaid card, or a debit card (“Payout Method”);
Effecting payments to a third-party Payout Method designated by a Host;
Collection and payment of charitable donations;
Payment collection services; and
Other payment related services in connection with Host Services.
In order to use the Payment Services, you must be at least 18 years old, must have an B&b fusion account in good standing in accordance with the B&b fusion Terms of Service (“Terms”), and must keep your payment and personal information accurate and complete.
Payment Services will be provided by the contracting entity based on your country of residence subject to any exceptions described below:
If you change your country of residence, the B&b fusion company you contract with and the applicable version of the Payment Terms will be determined by your new country of residence from the date on which your country of residence changes. Please note, however, that the B&b fusion Payments company with whom you contract will stay the same for all bookings made prior to your change of residence.
The Terms separately govern your use of the B&b fusion Platform. If you see an undefined term in these Payment Terms, it has the same definition as in the Terms.
Table of Contents
Your use of the Payment Services
Appointment of B&b fusion Payments as Limited Payment Collection Agent
Damage Claims and Security Deposits
Modification, Term, Termination, and other Measures
Governing Law and Dispute Resolution
United States Arbitration Agreement
Additional Clauses for Users Contracting with B&b fusion Payments UK
Additional Clauses for Users Contracting with B&b fusion Payments Brazil
Additional Clauses for Users that are Businesses
Contacting B&b fusion Payments
1. Your use of the Payment Services
1.1 B&b fusion Payment Services. By using the Payments Services, you agree to comply with these Payments Terms. B&b fusion Payments may temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services. B&b fusion Payments may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. B&b fusion Payments 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.
1.2 Third Party Services. The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms of service and privacy policies, and Members should review them. B&b fusion Payments is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by B&b fusion Payments of those Third-Party Services.
1.3 Your B&b fusion Account. B&b fusion Payments may enable features that allow you to authorize other Members or third parties to take certain actions that affect your B&b fusion account. You may authorize a third party to use your B&b fusion account if the feature is enabled for your B&b fusion account. You acknowledge and agree that anyone you authorize to use your B&b fusion account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
1.4 Verification. You authorize B&b fusion Payments, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, (iii) 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; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). B&b fusion Payments reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
1.5 Additional Terms. 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 to 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.
2. Guest Terms
2.1 Adding a Payment Method. When you add a Payment Method to your B&b fusion account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to B&b fusion Payments or its third-party payment processor(s). You authorize B&b fusion Payments and its payment service providers to collect and store your Payment Method information.
2.2 Payment Method Verification. When you add or use a new Payment Method, B&b fusion Payments may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your B&b fusion account so it can be used for a future transaction. You can remove the Payment Method from your B&b fusion account as long as it is not associated with an active or future reservation.
2.3 Payment Authorization. You allow B&b fusion Payments to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your B&b fusion account.
2.4 Automatic Update of Payment Method. 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 partners or your bank and automatically update your Payment Method on file.
2.5 Timing of Payment. B&b fusion Payments generally charges the Total Price due after the Host accepts your booking request. However, if you pay with a push Payment Method (such as Sofort), B&b fusion Payments will collect the Total Price due at the time of your booking request or after the Host accepts your booking request. B&b fusion Payments may offer alternative options for the timing and manner of payment. Any additional fees for using those alternative payment options will be displayed via the B&b fusion Platform and included in the Total Price, 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 B&b fusion Payments is unable to collect the Total Price due, as scheduled, B&b fusion Payments will collect the Total Price due at a later point in accordance with Section 5.3. Once the payment for your requested booking is successfully completed, you will receive a confirmation email.
2.6 Currency. B&b fusion Payments will process each transaction in the currency you select via the B&b fusion Platform. The currencies available to make payments may be limited for regulatory or operational reasons based on factors such as your selected Payment Method, your country of residence, and/or your B&b fusion Payments contracting entity(ies). Any such limitations will be communicated via the B&b fusion Platform, and you will be prompted to select a different currency or Payment Method. Note that if your B&b fusion Payments 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 of your country of residence. As a result, certain fees may apply and the amount listed on your card statement may be different from the amount shown at checkout. 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., and banks and credit card companies may impose international transaction fees and foreign exchange fees. 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 your Payment Method, based on an exchange rate and fee amount determined solely by your bank. B&b fusion Payments is not responsible for any such fees and disclaims all liability in this regard. Please contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate.
2.7 Booking Request Status. If a requested booking is declined 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 B&b fusion Payments 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.
2.8 Payment Restrictions. B&b fusion Payments reserves the right to decline or limit payments that we believe (i) may violate B&b fusion Payments’ risk management policies or procedures, (ii) may violate these Payments Terms or the Terms, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, B&b fusion, B&b fusion Payments, or others to risks unacceptable to B&b fusion Payments.
2.10 Your Payment Method, Your Responsibility. B&b fusion Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.
2.11 Different Ways to Pay
2.11.1 Payment Plan
220.127.116.11 B&b fusion Payments may make available to Guests the option to pay a portion of the booking’s Total Price at the time of booking and pay the remainder of the Total Price at a later time prior to check-in (“Payment Plan”). Availability of this option may depend on the Listing and/or Payment Method.
18.104.22.168 If you choose a Payment Plan, the B&b fusion Platform will notify you during check out of the amount, currency and schedule of each payment due. On the following payments due date, B&b fusion Payments will automatically charge the original Payment Method you used to make the booking.
22.214.171.124 If you make a modification to a booking made with a Payment Plan, B&b fusion Payments will notify you of the revised payment schedule, as applicable. If the modification increases your Total Price, you may be required to make an additional partial payment of the new Total Price at the time of the modification.
126.96.36.199 You agree that by selecting a Payment Plan, you may not be able to pay for the booking with a different Payment Method or pursuant to a different payment schedule.
188.8.131.52 If B&b fusion Payments is unable to collect your payment, B&b fusion Payments will notify you of such declined payment, and require you to complete the payment using an alternative Payment Method within 72 hours of the notice. If you fail to complete the payment, you authorize B&b fusion to cancel the booking on your behalf. If the booking is canceled, you will be refunded based on the Host’s cancellation policy. You acknowledge that you may incur fees for cancellations pursuant to the Host’s cancellation policy.
2.11.2 Recurring Payments
184.108.40.206 For certain bookings (such as for Accommodation bookings of twenty-eight (28) nights or more), B&b fusion Payments may require a Guest to make recurring, incremental payments toward the Total Price owed (“Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of payments) will be made available via the B&b fusion Platform if applicable to a booking.
220.127.116.11 If Recurring Payments apply to a confirmed booking, then the Guest authorizes B&b fusion Payments to collect the Total Price due.
18.104.22.168 Guests may stop a Recurring Payment by notifying B&b fusion Payments orally or in writing at least three (3) business days before the scheduled date of the payment. B&b fusion Payments may require you to give written confirmation of a stop-payment order within fourteen (14) days of an oral notification. If you fail to provide written confirmation within those fourteen (14) days, B&b fusion Payments is not obligated to honor your request to stop any future Recurring Payments. If you have any questions regarding your Recurring Payments, please contact B&b fusion Payments.
3. Host Terms
3.1 Payment Collection. B&b fusion Payments generally collects the Total Price of a booking at the time the Guest’s booking request is accepted by the Host, unless noted otherwise.
3.2 Adding a Payout Method. In order to receive a Payout you must have a valid Payout Method linked to your B&b fusion account. When you add a Payout Method to your B&b fusion account, you will be asked to provide billing information such as name, government identification, tax ID, billing address, and financial instrument information either to B&b fusion Payments or its third-party payment processor(s). Depending on the Payout Method selected additional information may be required, such as: 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. You authorize B&b fusion Payments to collect and store your billing information and financial instrument information. B&b fusion Payments may also share your information with governmental authorities as required by applicable law.
3.3 Timing of Payout
3.3.1 Subject to and conditional upon successful receipt of the payments from Guest, B&b fusion Payments will generally initiate Payouts to your selected Payout Method: (i) for Accommodations, 24 hours after the Guest’s scheduled check-in time (or 24 hours after 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, 24 hours after the start of the Experience; and (iii) for all other Host Services, at the time specified via the B&b fusion Platform. For Accommodation bookings of twenty-eight (28) nights or more, B&b fusion Payments will generally initiate the first payout 24 hours after the Guest’s scheduled check-in time, and will initiate future payouts every 30 days after the initial payout, for the duration of the reservation.
3.3.2 B&b fusion Payments may offer you a different Payout time or trigger for payment, which may be subject to additional terms and conditions. For example, certain Hosts in China will receive Payouts 48 hours after the Guest’s scheduled check-out time or 7 days after the Guest’s scheduled check-in time, whichever is earlier. Such Payout timeline may be updated once the Host meets certain eligibility criteria. The time it takes to receive Payouts once released by B&b fusion Payments may depend upon the Payout Method you select.
3.4 Payout. Your Payout for a booking will be the Total Price less applicable fees like B&b fusion service fees and applicable taxes. In the event of cancellation of a confirmed booking, B&b fusion Payments will remit the amount you are due (if any) as provided in the Terms and applicable cancellation policy.
3.5 Payout Restrictions. B&b fusion Payments may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity. Furthermore, B&b fusion Payments may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the Terms as a result of high volume Booking cancellations or modifications arising from a Force Majeure Event (as defined below).
3.6 Currency Conversion. B&b fusion Payments will remit your Payouts in the currency you select via the B&b fusion Platform. The currencies available may be limited for regulatory or operational reasons based on factors such as your selected Payout Method, your country of residence, and/or your B&b fusion contracting entity(ies). Any such limitations will be communicated via the B&b fusion Platform, and you will be prompted to select a different currency or Payout Method. Note that payment service providers may impose transaction, currency conversion or other fees based on the currency or Payout Method you select, and B&b fusion Payments is not responsible for any such fees and disclaims all liability in this regard.
3.7 Limits on Payouts. For compliance or operational reasons, B&b fusion Payments may limit the amount of a Payout. If you are due an amount above that limit, B&b fusion Payments may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.
3.9 Handling of Funds. B&b fusion Payments may combine amounts that it collects from Guests and invest them as permitted under applicable laws. B&b fusion Payments will retain any interest it earns on those investments.
3.10 Your Payout Method, Your Responsibility. B&b fusion Payments is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.
3.11 Different ways to get paid
3.11.1 Split Payouts
If you provide Host Services jointly with one or more other Hosts as part of a team, business or other organization (“Host Team”), B&b fusion may make available to such Hosts the option to allocate between the members of the Host Team the total Host Payout for a booking. B&b fusion Payments will execute such payments at the instruction of one or more members of the Host Team and is not responsible for any losses related to errors or omissions made by the Hosts in providing such payment instructions.
4. Appointment of B&b fusion Payments as Limited Payment Collection Agent
4.1 Each Host, including each Host Team member, hereby appoints B&b fusion Payments as the Host’s payment collection agent solely for the limited purpose of accepting and processing funds from Guests purchasing Host Services on the Host’s behalf.
4.2 Each Host, including each Host Team member, agrees that payment made by a Guest through B&b fusion Payments, shall be considered the same as a payment made directly to the Host, and the Host will provide the Host Service booked by the Guest in the agreed-upon manner as if the Host has received the payment directly from the Guest. Each Host agrees that B&b fusion Payments may refund the Guest in accordance with the Terms. Each Host understands that B&b fusion Payments’ obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guest. B&b fusion Payments guarantees payments to Host(s) only for such amounts that have been successfully received by B&b fusion Payments from Guests in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Host, B&b fusion Payments assumes no liability for any acts or omissions of the Host.
4.3 Each Guest acknowledges and agrees that, notwithstanding the fact that B&b fusion Payments is not a party to the agreement between you and the Host(s), including each Host Team member, B&b fusion Payments acts as each Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host(s). Upon a Guest’s payment of the funds to B&b fusion Payments, the Guest’s payment obligation to the Host(s) for the agreed upon amount is extinguished, and B&b fusion Payments is responsible for remitting the funds successfully received by B&b fusion Payments to the Host(s) in the manner described in these Payments Terms. In the event that B&b fusion Payments does not remit any such amounts, the Host(s) will have recourse only against B&b fusion Payments and not the Guest directly.
5. General Terms
5.1 Fees. B&b fusion Payments may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the Terms or via the B&b fusion Platform.
5.2 Payment Authorizations. You authorize B&b fusion Payments to collect from you amounts due pursuant to these Payment Terms and/or the Terms by either (i) charging the Payment Method associated with the relevant booking, or any other Payment Method on file that you authorize in your B&b fusion account (unless you have previously removed the authorization to charge such Payment Method(s)), or (ii) by withholding the amount from your future Payout. Specifically, you authorize B&b fusion Payments to collect from you:
Any amount due to B&b fusion or B&b fusion Payments (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Guest, Host or user of the B&b fusion Platform), including reimbursement for costs prepaid by B&b fusion or B&b fusion Payments on your behalf. Any funds collected by B&b fusion Payments will set off the amount owed by you to B&b fusion or B&b fusion Payments and extinguish your obligation to B&b fusion or B&b fusion Payments.
Any amount due to a Host from a Guest which B&b fusion collects as the Host’s payment collection agent as further set out in Section 4 above.
Taxes, where applicable and as set out in the Terms.
Any amount you pay through the Resolution Center in connection with your B&b fusion account.
Overstay penalties payable under the Terms, including any cost and expenses incurred in collecting the overstay penalty.
Any service fees or cancellation fees imposed pursuant to the Terms (e.g., if, as a Host, you cancel a confirmed booking).
Any amounts already paid to you as a Host despite a Guest cancelling a confirmed booking or B&b fusion deciding that it is necessary to cancel a booking in accordance with the Terms, Guest Refund Policy, Experiences Guest Refund Policy, Extenuating Circumstances Policy, or other applicable cancellation policy. You agree that in the event you have already been paid, B&b fusion Payments will be entitled to recover the amount of any such guest refund from you, including by subtracting such refund amount out from any future Payouts due to you.
In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to B&b fusion Payments collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
5.3.1 If B&b fusion Payments is unable to collect any amounts you owe under these Payments Terms, B&b fusion Payments may engage in collection efforts to recover such amounts from you.
5.3.2 B&b fusion Payments will deem any owed amounts overdue when: (a) for authorized charges, one hundred and twenty (120) days have elapsed after B&b fusion Payments first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, two hundred and seventy (270) days have elapsed after the adjustment is made to the Host’s B&b fusion account or the associated services have been provided, whichever is later.
5.3.3 B&b fusion Payments will deem any overdue amounts not collected to be in default when three hundred and sixty five (365) days have elapsed: (a) for authorized charges, after B&b fusion Payments first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, after the adjustment is made to the Host’s B&b fusion account or the associated services have been provided, whichever is later.
5.3.4 You hereby explicitly agree that all communications in relation to amounts owed will be made by electronic mail or by phone, as provided to B&b fusion and/or B&b fusion Payments by you. Such communications may be made by B&b fusion, B&b fusion Payments, or by anyone on their behalf, including but not limited to a third-party collection agent.
5.4 Payment Processing Errors
5.4.1 B&b fusion Payments will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by B&b fusion Payments or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, setting off and/or debiting the amount of such funds from any future Payouts owed to you.
5.4.2 To the extent you receive any funds in error, you agree to immediately return such funds to B&b fusion Payments.
5.5.1 Any refunds or credits due to a Member pursuant to the Terms, Extenuating Circumstances Policy, Guest Refund Policy, and Experiences Guest Refund Policy will be initiated and remitted by B&b fusion Payments in accordance with these Payments Terms.
5.5.2 Subject to this Section 5.5.2, B&b fusion Payments will process refunds immediately, however, the timing to receive any refund will depend on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules. In the event of a Force Majeure Event that may affect the processing and settlement of refunds, B&b fusion Payments will initiate and process the refund as soon as is practicable.
6. Damage Claims and Security Deposits
6.1 If you as a Guest (i) agree to pay the Host in connection with a Damage Claim, or (ii) B&b fusion determines that you are responsible for damaging any real or personal property at a Listing pursuant to the Terms, you authorize B&b fusion Payments to charge the Payment Method used to make the booking in order to collect any security deposit associated with the Listing, as well as any fees, costs and/or expenses associated with the Damage Claim. If B&b fusion Payments is unable to collect from the Payment Method used to make the booking, you agree that B&b fusion Payments may charge any other Payment Method on file in your B&b fusion account at the time of the Damage Claim (unless you have previously removed the authorization to charge such Payment Method(s)).
6.2 You agree that B&b fusion Payments may seek to recover from you under any insurance policies you maintain and that B&b fusion Payments may also pursue against you any remedies it may have available, including, but not limited to, in relation to any payment requests made by Hosts under the Airbnb Host Guarantee.
7. Abandoned Property
If B&b fusion Payments holds funds due to you (e.g., because we are unable to issue you a Payout or refund) or you do not use a gift card or gift credit for the relevant period of time set forth by your state, country, or other governing body in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by reporting and escheating (sending) such funds to the appropriate governing body as required by applicable unclaimed property laws.
8. Prohibited Activities
8.1 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
breach or circumvent any applicable laws or regulations;
breach or circumvent any agreements with third parties, third-party rights, or the Terms, Policies, or Standards;
use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
register or use any Payment Method or Payout Method with your B&b fusion account that is not yours or you do not have authorization to use;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by B&b fusion Payments or any of B&b fusion Payments’ providers or any other third party to protect the Payment Services;
take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
violate or infringe anyone else’s rights or otherwise cause harm to anyone.
8.2 You may not use or assist others to use the Payment Services 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.
9. Force Majeure
B&b fusion Payments shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from causes outside the reasonable control of B&b fusion or B&b fusion Payments, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (“Force Majeure Event”).
10.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.
10.2 Notwithstanding B&b fusion Payments’ appointment as the limited payment collection agent of Hosts pursuant to Section 4, B&b fusion Payments explicitly disclaims all liability for any act or omission of any Member or other third party. B&b fusion Payments does not have any duties or obligations as agent for each Host except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.
10.3 If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
10.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.
11.1 Except as provided in Section 11.2, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your B&b fusion account in any way, you are responsible for the actions taken by that person. Neither B&b fusion Payments nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not B&b fusion Payments has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Hosts pursuant to these Payments Terms or an approved payment request under the B&b fusion Host Guarantee or Japan Host Insurance, in no event will B&b fusion Payments’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed (i) the amounts you have paid or owe for bookings via the B&b fusion Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by B&b fusion Payments to you in the twelve (12) month period prior to the event giving rise to the liability, or (ii) one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between B&b fusion Payments and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect B&b fusion Payments’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
11.2 If you reside in Australia and contract with B&b fusion Payments Australia, Section 11.1 does not apply, and B&b fusion Payments is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. B&b fusion Payments is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of B&b fusion Payments in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract. Any additional liability of B&b fusion Payments is excluded to the maximum extent allowed by applicable law.
To the maximum extent permitted by applicable law, you agree to release, defend (at B&b fusion Payments’ option), indemnify, and hold B&b fusion Payments and its affiliates and subsidiaries, and their 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 Payments Terms; (ii) your improper use of the Payment Services; (iii) your failure, or our failure at your direction, to accurately report, collect or remit taxes; or (iv) your breach of any laws, regulations, or third-party rights.
13. Modification, Term, Termination, and other Measures
13.1 Modification. Except as otherwise required by applicable law, B&b fusion Payments may modify these Payments Terms at any time. If we make material changes to these Payment Terms, we will post the revised Payment Terms on the B&b fusion Platform and update the “Last Updated” date at the top of these Payment Terms. If you are affected by the modification, we will also provide you with notice of the modifications at least thirty (30) days before the date they become effective. If you are contracting with B&b fusion Payments UK, or B&b fusion Payments Australia, you will receive at least two (2) months advance notice. If you do not terminate your agreement before the date the revised Payment Terms become effective, your continued use of the Payment Services will constitute acceptance of any changes to the revised Payments Terms.
13.2 Term. This agreement between you and B&b fusion Payments reflected by these Payment Terms is effective when you create an B&b fusion account or use the Payment Services and remains in effect until either you or we terminate this agreement in accordance with Section 13.3.
13.3 Termination. You may terminate this agreement at any time by sending us an email or by deleting your B&b fusion account. Terminating this agreement will also serve as notice to cancel your B&b fusion account pursuant to the Terms. Without limiting our rights specified below, B&b fusion Payments may terminate this agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address (or two (2) months’ prior notice for Members contracting with B&b fusion Payments UK). B&b fusion Payments may also terminate this agreement immediately without notice if (i) you have materially breached your obligations under this agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) B&b fusion Payments believes in good faith that such action is reasonably necessary to protect other Members, B&b fusion, B&b fusion Payments, or third parties.
13.4 Suspension and Other Measures. B&b fusion Payments may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, (ii) if you have breached these Payments Terms, the Terms, applicable laws, regulations or third-party rights, (iii) if you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) for any amounts you owe under these Payments Term that are overdue or in default, or (v) if B&b fusion Payments believes in good faith that such action is reasonably necessary to protect the personal safety or property of B&b fusion, its Members, B&b fusion Payments, or third parties, or to prevent fraud or other illegal activity. Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Payment Services until we can charge a valid Payment Method
13.5 Appeal. If B&b fusion Payments takes any of the measures described in Section 13.3 and 13.4 you may appeal such a decision by contacting customer service.
13.6 Effect of Termination. If you cancel your B&b fusion account as a Host or B&b fusion Payments takes any of the measures described above, B&b fusion Payments may provide a full refund to any Guests with confirmed booking(s), and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled. If you cancel your B&b fusion account as a Guest, B&b fusion Payments will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy. If your access to or use of the Payment Services has been suspended or limited or this agreement has been terminated by us, you may not register a new B&b fusion account or attempt to access and use the Payment Services through an B&b fusion account of another Member.
13.7 Survival. Sections 5 through 20 of these Payments Terms shall survive any termination or expiration of this agreement.
14. Governing Law and Dispute Resolution
14.1 If you are contracting with B&b fusion Payments US, these Payments Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Legal proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 15 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.
14.2 If you are contracting with B&b fusion China, these Payments Terms will be governed by and construed in accordance with the laws of the People’s Republic of China (“China Laws”). In this situation, any dispute arising from or in connection with these Payments Terms or use of the Payment Services shall be submitted to the China International Economic and Trade Arbitration Commission (“CIETAC”) for arbitration which shall be conducted in accordance with the Commission’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties. The tribunal shall consist of three (3) arbitrators. The seat of the arbitration shall be Beijing. The language of the arbitration shall be English. This section does not limit any rights which B&b fusion Payments may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under China Laws or any other laws that may apply to you.
14.3 If you are contracting with B&b fusion Payments UK, these Payments Terms will be interpreted in accordance with English 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 irrespective of the choice of English law. As a consumer, you may bring any judicial proceedings relating to these Payments Terms before the competent court of your place of residence or a court in England. If B&b fusion wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the English courts.
14.4 If you are contracting with B&b fusion Payments India, these Payments Terms will be interpreted in accordance with the laws of India. Any dispute arising from or in connection with these Payments Terms must be submitted to the International Chamber of Commerce (“ICC”) for arbitration in New Delhi, which shall be the seat and venue of arbitration. Such arbitration shall be conducted in accordance with the arbitration rules of the ICC in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which B&b fusion Payments may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under the laws of India or any other laws that may apply to you. In the event one or more of the parties to the dispute are non-resident, the parties agree to exclude (for the avoidance of any doubt) the applicability of the provisions of Part I (save and except Section 9, Section 27, Section 37(1)(a) and Section 37(3) thereof) of the Indian Arbitration and Conciliation Act 1996 to any arbitration under this section. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties. Each party shall bear its own costs in relation to the arbitration.
14.5 If you are contracting with B&b fusion Payments Australia, these Payments Terms will be governed by the laws of the State of New South Wales, Australia. The parties agree to submit to the non-exclusive jurisdiction of the courts of that State and courts of appeal of that State in respect of any proceedings arising out of or in connection with this agreement.
14.6 If you are contracting with B&b fusion Payments Brazil, these Payments Terms will be interpreted in accordance with the laws of Brazil. If you are acting as a consumer, judicial proceedings that you are able to bring against us arising from or in connection with these Payments Terms may only be brought in a court located in the city of Sao Paulo, State of Sao Paulo, Brazil or in a court with jurisdiction in your place of residence. If you are acting as a business, you agree to submit to the exclusive jurisdiction of a court located in the city of Sao Paulo, State of Sao Paulo, Brazil.
15. United States Arbitration Agreement
15.1 Application. This Arbitration Agreement only applies to you if you are contracting with B&b fusion Payment US. If you are not contracting with B&b fusion Payments US, and you nevertheless attempt to bring any legal claim against B&b fusion Payments in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 15 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
15.2 Overview of Dispute Resolution Process. B&b fusion Payments is committed to participating in a consumer-friendly dispute resolution process. To that end, these Payment Terms provide for a two-part process for individuals to whom this Section 15 applies: (1) an informal negotiation directly with B&b fusion’s customer service team (described in paragraph 15.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and B&b fusion Payments each retain the right to seek relief in small claims court as an alternative to arbitration
15.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and B&b fusion Payments each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to B&b fusion Payments by mailing it to B&b fusion Payments’ agent for service: CSC Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, California 95833. B&b fusion Payments will send its notice of dispute to the email address associated with your B&b fusion account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).
15.4 Agreement to Arbitrate. You and B&b fusion Payments mutually agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Payment Services (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and B&b fusion Payments agree that the arbitrator will decide that issue.
15.5 Exceptions to Arbitration Agreement. You and B&b fusion Payments each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 15): (i) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (ii) a request for the remedy of public injunctive relief. You and B&b fusion Payments agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
15.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
15.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, B&b fusion Payments agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S county where you reside; (b) in San Francisco County; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator.
15.8 Modification of AAA Rules - Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, B&b fusion Payments will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
15.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
15.10 Jury Trial Waiver. You and B&b fusion Payments acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
15.11 No Class Actions or Representative Proceedings. You and B&b fusion Payments acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
15.12 Severability. Except as provided in Section 15.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement will be given full force and effect.
15.13 Changes to Agreement to Arbitrate. If B&b fusion Payments changes this Section 15 after the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms), you may reject that change by sending us written notice (including by email) within thirty (30) days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and B&b fusion Payments (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and B&b fusion Payments.
15.14 Survival. Except as provided in Section 15.12 and subject to Section 13.7, this Section 15 will survive any termination of these Payments Terms and will continue to apply even if you stop using the Payment Services or terminate your B&b fusion account.
16.1 Interpreting these Payments Terms. Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire agreement between B&b fusion Payments and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between B&b fusion Payments and you regarding the Payment Services. If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
16.2 No Waiver. B&b fusion Payments’ failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.
16.3 Assignment. You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without B&b fusion Payments’ prior written consent. B&b fusion Payments may without restriction assign, transfer, or delegate this agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice (or two (2) months’ prior notice for Members contracting with B&b fusion Payments UK).
16.4 Notices. Unless specified otherwise, any notices or other communications permitted or required under this agreement, will be in writing and given by B&b fusion Payments via email or B&b fusion Platform notification, and depending on your notification setting, messaging service (including SMS and WeChat). The date of receipt will be deemed the date on which B&b fusion Payments transmits the notice.
17. Additional Clauses for Users Contracting with B&b fusion Payments UK
The following paragraphs will apply if you are contracting with B&b fusion Payments UK:
17.1 Payment Service User
17.1.1 The Payment Services include the payment collection service provided to Hosts contracting with B&b fusion Payments UK. The payment collection service constitutes a “payment service” regulated under the Payment Services Regulations and for these purposes B&b fusion Payments UK treats Hosts as the “payment service user.”
17.1.2 By agreeing to these Payments Terms you as a Host have consented to B&b fusion Payments UK’s payment of each Payout to your chosen Payout Method. Hosts may change a Payout Method up to one (1) day before the time agreed for the Payout as set out in Section 3.3. B&b fusion Payments UK will be deemed to have received the Host's payment order to the Host on the same date B&b fusion Payments UK agrees to initiate the Payout in accordance with Section 3.3
17.1.3 B&b fusion Payments UK will endeavor to ensure that Hosts based in the UK will receive each Payout by the end of the business day following B&b fusion Payments UK’s initiation of the Payout.
17.1.4 Communication. B&b fusion Payments will provide the Host notice via email when we initiate each Payout. We will also provide notice to a Host’s registered email address if the Payout is returned to us because of an error. It is your responsibility as a Host to ensure that you provide us with a current, accurate, and valid email address.
17.2 Resolution Procedures for Diverted Payouts
17.2.1 If you as a Host believe that a Payout properly due to you has been or may be diverted without your permission (“Diverted Payout”) because your password or other credentials to log into your B&b fusion account (“Credentials”) are lost or stolen, you should notify B&b fusion Payments UK pursuant to Section 20 immediately. As a Host you may be liable for losses relating to any Diverted Payout arising from the use of lost, stolen, or misappropriated Credentials (including the loss of a mobile phone on which you have installed the Application) or where you have failed to keep your Credentials safe, up to a maximum of £50. Provided that you notify us of any Diverted Payout without delay and at the very latest within 13 months of the date of the payment, you may be entitled to a refund of that payment.
17.2.2 We will not be liable for any loss arising from: (i) Diverted Payouts where you acted fraudulently or where, with intent or gross negligence, you failed to use the B&b fusion Platform and/or Payment Services in accordance with the Terms or these Payments Terms (including the obligation to keep your Credentials safe); (ii) or any payout transaction which we facilitated in accordance with information provided by you where the information you provided was incorrect.
17.2.3 If you as Host claim not to have received a Payout properly due to you via your chosen Payout Method, B&b fusion Payments UK will (if requested) make immediate efforts to trace the payment and will notify you of the outcome. Unless we can prove that the payment was received by you via your chosen Payout Method, we will refund the amount.
17.2.4 Any complaints about the Payment Services should be made to B&b fusion Payments UK pursuant to Section 20. Complaints that are made in accordance with this section that relate to the provision of Payment Services by B&b fusion Payments UK will be eligible for referral to the Financial Ombudsman and will be subject to the Rules of the Financial Ombudsman Service. The UK Financial Ombudsman Service offers a free complaints resolution service to individuals, micro-enterprises, small charities, and trustees of small trusts. You can contact the UK Financial Ombudsman by (i) telephone from inside the UK: 0300 123 9123 or 0800 023 4567; from other countries: +44 20 7964 0500, on Monday to Friday, 8am to 8pm and on Saturday 9am to 1pm; (ii) post: South Quay Plaza, 183 Marsh Wall, London E14 9SR; or (iii) email: firstname.lastname@example.org. The UK Financial Ombudsm