Airbnb denies host's claims for secuity deposit - Hosts interested in Class Action Lawsuit, please read and contact me!

We have a few properties listed on Airbnb. Twice I have had to file a claim for damages and attempt to hold part of a guests security deposit. Both times Airbnb denied my claim and they did the same steps to try and say it was our fault they denied it. We are now collecting hosts that had similar situations and would like to file a class action lawsuit to prevent Airbnb from getting away with doing such things to property owners. Below is exactly what happened both times. If you have something similar happening to you, please contact me!!!

  1. First you file the claim and they give the guest 3 days to reply. If they do not, then you get button that says “get airbnb involved”

  2. You get airbnb involved, then you must call them every day and check on this claim, if you do not, they will mistakenly close the claim. If you do not call them and catch this mistake they will tell you that your claim can not be reopened because you took too long to realize they case was closed by mistake.

  3. If you do catch the mistake right away, they will tell you they are escalating it to the next department. AGAIN you must call every day to check on this. IF you do not, they will mistakenly escalate it incorrectly and the system will think its closed.

  4. If you catch the incorrect escalation, you will then email, call and wait every day for about 20+ days for a decision. They will email you and request lots of items and say you have 48 hours to provide them. You will do this. However, they will then wait a few days and send you an email that says you did not send the required documentation within 48 hours (you will have the emails showing you did) and they deny the claim.

  5. You will call/email every day requesting to speak to a manager, but they will never call you and you are not allowed to speak to anyone on the phone. They will then send you emails stating the case is closed and they will no longer receive emails regarding your claim.

I have every email, phone records and photos proving that on both claims I followed every step correctly. However, both times this is exactly what happened.

Airbnb will not let you talk to anyone on the phone, they only email and they will NOT give you the money you deserve for the damages. We lost a total of $4,000 between the two claims.

Why did you not take it to Arbitration? That seems to work.

Do you mean arbitration as in using Airbnb to mediate between us and the guest? Or do you mean going to a thrid party to fight Airbnb?

For the first, we did use airbnb to mediate as I outlined they did nothing to help us. As for latter, we have seen this happen so many times now to hosts, we feel this isn’t just about our claim, its about changing how they are allowed to do business and get better protection for all hosts. We are sick of watching hosts be taken advantage of by these companies.

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By agreeing to their terms you’ve accepted Airbnb’s arbitration clause and therefore cannot take them to court regardless.

I have heard of successful stories of people going into arbitration which seems to be your last resort.

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Airbnb’s updated Terms & Conditions include a No Class Action Clause. Here is the wording.

“19.11 No Class Actions or Representative Proceedings. You and Airbnb acknowledge and agree that 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 proceeding as to all Disputes. Further, unless you and Airbnb both otherwise 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 this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.”

https://www.airbnb.com/terms?hide_nav=true

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We’ve all heard stories about shitty decisions they’ve made and that they’ve offered bad solutions to hosts but what happened in your case?

4000 dollars is a lot of money and I would be pissed my self if I were to lose that much. Well, out of business I reckon, so do tell.

BTW I scanned their terms about class action and arbitration:
https://www.airbnb.com/terms#sec19

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Yes, we saw that too. However, there are several legal ways around that, but thank you for your reply! I appreciate the concern and the information.

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What are the legal ways around agreeing to give up your right to participate in a class action lawsuit?

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In one case we had a guest use a knife directly on our counter tops and they carved several really noticeable chunks into the natural stone (also stained it with several limes), stained the carpet and white walls with red wine, plus broke two window shades. We requested payment to replace the items and fix the counter, we were denied. They said they were escalating the claim, but instead it was “closed” so when we called to check in on it, airbnb said we were past the allowed time to file a claim. Again we have all the emails and phone calls showing we did what we were suppose to do.

Second issue a guest bled all over the bed and stained the bedding, mattress pad and duvet. This would have been excused had the guest told us, but what they did was made the bed to cover it up and left a used tampon on the floor. We requested replacement of the sheets and duvet cover as they stains did not come out. We were again denied. We had been through the process before, so I called every day to check on it and they pulled almost the same stunt. They “escalated” the claim after they mistakenly closed the case. When it was escalated it took 23 days to get a decision and during that time they requested the same items about 5 times and said I had 48 hours to send everything in. When I did so they would wait about 3 days and request it again. I have all the emails showing I sent everything to them every time within 48 hours. On day 25 they sent me an email stating I didn’t send everything in 48 hours so it was closed. Then I got emails saying they made decision based on the information provided by me and the guests. Although a rep told me over they phone that the guest never replied to any communication from Airbnb regarding the issue.

Yikes. This sounds just like how Bank of America tried to grab my house. Losing everything and then denying I ever sent in paperwork.

You did submit all the receipts or repair estimates?

Is this a whole house rental? You are in Hawaii? Kohala coast, right?

Good riddance what a headache!
Did a murder occur in there with all that blood? I wouldn’t want to walk in on that. Sounds horrible.
Have your tried to make bit of a fuss over on their Twitter? Not sure if it helps but I’ve read before that it can have some effect. And have your tried to lower the amount you’re asking for just to minimize your loss.

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I doubt that Airbnb would find in your favor about the countertops. Although I always use cutting boards; I’ve found that virtually none of my guests use them. I assume that it’s the norm to cut directly on counters.

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I would go to Arbitration, it is there why not use it.

Yeah we’ve had similar things, but this group went really beyond and basically ruined the counter tops. It really doesn’t matter what guests do, Airbnb will never back up the hosts. Just how they operate.

We’ll see what happens, we have a few discussions happening.

It actually seemed that the guests were having sex in the bed and tried to cover it up. They left the used tampon on the floor for who knows why! It was beyond disgusting and rude.