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requirements is burdensome for businesses like ours, imposes added cost
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and increases potential liability to our business, and makes it
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difficult to realize business efficiencies and economies of scale. For
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example, we incur significant operational costs to comply with
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requirements of jurisdictions and cities that have disparate
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requirements around tax collection, tax reporting, Host registration,
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limits on lengths of stays, and other regulations, each of which require
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us to dedicate significant resources to provide the infrastructure and
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tools needed on our platform for our Hosts to meet these legal
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requirements and for us to fulfill any obligations we may have. The
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complexity of our platform and changes required to comply with the large
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number of disparate requirements can lead to compliance gaps if our
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internal resources cannot keep up with the pace of regulatory change and
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new requirements imposed on our platform, or if our platform does not
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work as intended or has errors or bugs. Environmental, health, and
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safety requirements have also become increasingly stringent, and our
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costs, and our Hosts'costs, to comply with such requirements may
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increase as a result. New or revised laws and regulations or new
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interpretations of existing laws and regulations, such as those related
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to climate change, could affect the operation of our Hosts'properties or
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result in significant additional expense and operating restrictions on
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us.
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It may be difficult or impossible for us to investigate or evaluate laws
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or regulations in all cities, countries, and regions. The application of
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existing laws and regulations to our business and platform can be
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unclear and may be difficult for Hosts, guests, and us to understand and
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apply, and are subject to change, as governments or government agencies
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seek to apply legacy systems of laws or adopt new laws to new online
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business models in the travel and accommodations industries, including
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ours. Uncertain and unclear application of such laws and regulations to
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Host and guest activity and our platform could cause and has caused some
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Hosts and guests to leave or choose not to use our platform, reduce
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supply and demand for our platform and services, increase the costs of
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compliance with such laws and regulations, and increase the threat of
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litigation or enforcement actions related to our platform, all of which
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would materially adversely affect our business, results of operations,
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and financial condition. See also our risk factor titled "---We could
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face liability for information or content on or accessible through our
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platform."
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There are laws that apply to us, and there are laws that apply to our
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Hosts and/or guests. While we require our Hosts and guests to comply
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with their own independent legal obligations under our terms of service,
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we have limited means of enforcing or ensuring the compliance of our
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Hosts and guests with all applicable legal requirements. Sometimes
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governments try to hold us responsible for laws that apply to our Hosts
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and/or guests. Whether applicable to us, our Hosts, and/or our guests,
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the related consequences arising out of such laws and regulations,
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including penalties for violations of and costs to maintain compliance
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with such laws and regulations, have had and could continue to have a
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material adverse effect on our reputation, business, results of
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operations, and financial condition.
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We take certain measures to comply, and to help Hosts comply, with laws
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and regulations, such as requiring registration numbers to be displayed
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on a listing profile for listings in some jurisdictions where such
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registration is required. These measures, changes to them, and any
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future measures we adopt could increase friction on our platform, and
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reduce the number of listings available on our platform from Hosts and
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bookings by guests, and could reduce the activity of Hosts and guests on
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our platform. We may be subject to additional laws and regulations which
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could require significant changes to our platform that discourage Hosts
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and guests from using our platform. Our newer offerings, such as Airbnb
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Experiences, are subject to similar or other laws, regulations, and
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regulatory actions. In particular, if we become more involved in
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Hosts'listings and conduct related to bookings, then we are more likely
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to draw scrutiny and additional regulations from governments and
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undercut various defenses we may have to claims or attempts to regulate
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us, which further constrain our business and impose additional liability
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on us as a platform.
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In addition to laws and regulations directly applicable to the
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short-term rental, long-term rental, and home sharing business as
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discussed in our risk factor titled "---Laws, regulations, and rules
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that affect the short-term rental, long-term rental, and home sharing
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business have limited and may continue to limit the ability or
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willingness of Hosts to share their spaces over our platform and expose
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our Hosts or us to significant penalties, which could have a material
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adverse effect on our business, results of operations, and financial
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condition,"we are subject to laws and regulations governing our business
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practices, the Internet, e-commerce, and electronic devices, including
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those relating to taxation, data privacy, data security, pricing,
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content, advertising, discrimination, consumer protection, protection of
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minors, copyrights,
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distribution, messaging, mobile communications, electronic device
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certification, electronic waste, electronic contracts, communications,
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Internet access, competition, and unfair commercial practices. We are
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also subject to laws and regulations governing the provision of online
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payment services and insurance services, the design and operation of our
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platform, and the operations, characteristics, and quality of our
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platform and services. We are also subject to federal, state, local, and
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foreign laws regulating employment, employee working conditions,
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including wage and hour laws, employment dispute and employee bargaining
|
processes, collective and representative actions, employment
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classification, and other employment compliance requirements.
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