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Airbnb Host Guarantee Is USELESS!

I had a theft occur at my home 30 days ago due to the guests leaving my garage door open while they left to go to a wedding. Some random guy came into my house and caused about $1,400 in damages, so I filed a police report and spoke to the Airbnb safety team right away.

The safety team as well as another associate at Airbnb stated that the claims department would get back to me and that my claim would be covered, so I did not even bother to try and get damages covered from my guests.

Now, it is 30 days later and the claims department is stating that they will not cover the damages due to the fact that it was not done by the guest or one of their invitees.

It took the claims department 30 days to get back to me and inform me of that via EMAIL (no phone call of course, because they don’t want to have to deal with speaking to me about it). Also, how FING Convenient is it that it took them 30 days to give me a response.

Now, since it has been 30 days, I don’t know what my recourse is with asking the guests to try to reimburse at least 50% of the damages since the fault of who is responsible is debatable, I think 50% is a very FAIR compromise.

I believe Airbnb claims took that long knowing that time will usually get someone to give up on fighting something like this, but I obviously cannot prove that.

This is just frustrating as HELL!

For reference here is the previous thread on this incident.

Sorry to hear Airbnb denied your claim.

There’s a post about arbitration, and demanding it, that comes to mind. The fact is the guests had control of your property at the time of the incident. It does seem to me that this is a perfect case of Airbnb needing to payout. I’d search for that post and send in the demand.

If ate a steak and onion pie every time I’d seen a scenario where Airbnb should have done something/paid out/backed up a host, then I’d be a seriously chubby fecker. In fact so chubby, I probably couldn’t do my usual early morning 5k run.

JF

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This is pretty clearly put. And your damage should be covered by your homeowner’s insurance anyway.

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I think the only option now is to write it off on your taxes. Guests are long gone, I don’t think that at this point they would try to compensate you and you probably waited too long to put in a claim with your homeowners. I don’t know about your homeowner’s policy but mine has a $1,000 deductible.

I notified Airbnb’s safety team the day it happened (30 days ago) and made it clear to them that the damages were caused by a “thief” (outside of the guests invitee group), to which they informed me that it would be passed on to the claims department and for me to submit pictures of the damages, receipts, etc making it seem as though the Host Guarantee claims department was going to cover the damages.

They never mentioned to me that I should submit a claim through the resolutions center to get reimbursement from the guests.

It took 30 days!!! for the claims department to reach out to me from when I submitted this claim initially.

Now, they are stating it is not covered and that it is too late to ask the guests for any reimbursement because the 14 day window is over.

How is this not BS???

Does anyone know if you can call the claims department directly?

They make it very hard to reach someone in person over the phone I notice.

Sorry to belabor this, but this is basic knowledge for an airbnb host, along with knowing the time window for requesting $$$s from guests. I would suggest you think of this situation as a (costly but necessary) lesson in how airbnb works, and also suggest that you read the extensive information airbnb provides on the website.

One more thing - your home insurance should cover strs, and as always any damage to your home should be claimed to your insurance company. If you do not have insurance for your airbnb use, you may find you may lose your homeowner’s insurance over this.

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Thanks, I have an insurance policy that covers STRs explicitly.

I normally do submit through the resolutions center when it is due to the guest causing the damage, but the Safety team made it seem as though it was covered through Airbnb’s Host Guarantee policy, otherwise, why would they even forward my information over to the claims department???

Why didn’t the Safety team explicitly tell me that it was not covered under the Host Guarantee policy and that my only way of getting reimbursement was through the guest? Doesn’t make sense that they would’ve gone to the extra step of sending it over to them.

I still don’t understand why it is acceptable for the claims department to wait 30 days to come back to me.

It’s not acceptable that they waited 30 days. Their customer service for hosts is lacking, more so now after they furloughed many reps.

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I had to google that. Recipe looked like it would be a tasty pie.

.

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@turnercress

I hate this occurred. Nothing is ever simple. Getting reimbursement from the guest is less likely to receive than a reimbursement from Airbnb.

Since the damage is $1,400, you may end up just taking the financial hit and paying out of pocket. Depending on where you are, you may can write it off as a business expense.

We are all just living & learning

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Not surprising that Airbnb denied the claim, but it was worth a shot.

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The file arbitration advise is good. It will cost Air more to fight it than to pay out. Search for the detailed post on how to file.

In parallel to this, we would post DAILY on Air’s Twitter and FB pages. That often gets their attention. And can get them to change their tune on BS account suspensions or what you are experiencing: “Rule #1 - Deny the Claim - no matter what”.

I would look into filing a small claims case in your local jurisdiction. Renter will have to appear to your local courthouse to refute claims. They may just concede and pay. Should courts rule in your favor, file a judgement which will crush their credit score.

No you can’t.

You can pay 400 I think it is to go to arbitration.

Didn’t you also at the time put in a claim against your specialist home insurance for STRs so they could consider too @turnercress ???

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If you are in the USA, Arbitration is an option. It looks like that is a “2nd step” after first the WRITTEN Dispute portion. See below.

So, you can probably win this. Air is betting that 99% of hosts will scream then shrug it off and eat the costs.

https://www.airbnb.com/help/article/2908/terms-of-service?fbclid=IwAR18J8rXZLMVaiGohq9YvPkNnjJOGMP3BisSBgHyf88A7tkCSDA9sBK_e9s#23

23.2 Overview of Dispute Resolution Process . Airbnb is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 23 applies: (1) an informal negotiation directly with Airbnb’s customer service team (described in paragraph 23.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“ AAA ”). You and Airbnb each retain the right to seek relief in small claims court as an alternative to arbitration.

23.3 Mandatory Pre-Arbitration Dispute Resolution and Notification . At least 30 days prior to initiating an arbitration, you and Airbnb 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 Airbnb by mailing it to Airbnb’s agent for service: CSC Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, California 95833 . Airbnb will send its notice of dispute to the email address associated with your Airbnb 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).

23.4 Agreement to Arbitrate . You and Airbnb mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Airbnb Platform, Host Services, or any Content (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 Airbnb agree that the arbitrator will decide that issue.

23.5 Exceptions to Arbitration Agreement . You and Airbnb 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 22): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) 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 (iii) a request for the remedy of public injunctive relief. You and Airbnb 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.

23.6 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.

23.7 Modification to AAA Rules - Arbitration Hearing/Location . In order to make the arbitration most convenient to you, Airbnb 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; © via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator.

23.8 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, Airbnb 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.

23.9 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.

23.10 Jury Trial Waiver . You and Airbnb acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

23.11 No Class Actions or Representative Proceedings . You and Airbnb 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.

23.12 Severability . Except as provided in Section 23.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.

23.13 Changes to Agreement to Arbitrate . If Airbnb changes this Section 23 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 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 Airbnb (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Airbnb.

23.14 Survival . Except as provided in Section 23.12 and subject to Section 13.6, this Section 23 will survive any termination of these Terms and will continue to apply even if you stop using the Airbnb Platform or terminate your Airbnb account.

In France, if a theft has been committed without any evidence of forced opening of any lock, the homeowner’s insurance doesn’t cover any loss.

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Hmmm… there is rarely evidence of forced opening of a lock that is picked.

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