Defamation and libel in guest review.
I’ve been a host for over 5 years, am a super host and have had to deal with bad reviews a couple of times but this is different. A guest cancelled on the day of check in because her friend had problems with the altitude, which we address clearly in our listing description, which she did not read. In spite of not owing her a refund we gave her a partial refund. She responded on Airbnb that she thought it was criminal to only give a partial refund and even though she had texted me that she left because of the altitude, a day later she tried to make it about the place being dirty. She submitted photos of a couple of imperfections in our hand painted sponge paint concrete floors because she could not find any actual dirt. All of this we can handle, but the fact that she called our behavior “criminal” in the public review crosses the line into defamation and libel. So I called Airbnb and asked them to take down the review as it violates in my opinion the TOU and content policy, not to mention Colorado law. The first response was a “no”, so I called back to speak to a supervisor and asked them to bring it in front of one of their lawyers as it isn’t even a gray area but pretty clear cut. They said they would get back to me soon, and asked how late they could call back that day. That was 3 days ago and the review has been up now for almost a week. I am not sure what to do next. I’m not just complaining about a bad review, this is serious and against Colorado law. The guest made a statement of fact that is false (several). l Should I hire a lawyer? I have not only the rental but another business that depends on my online reputation and writing a response to the review is just not enough. Meanwhile the guest before her who wrote a good review, his review is not showing at all. I welcome any feedback or suggestions.
Thanks
Not a clear case of libel. Libel requires actual damage. I don’t know what you are referring to regarding Colorado law. I think the approach will be to persist with Airbnb. Make them remove it.
Thank you so much. I’ll call them again. As for damages, I have been booked nearly solid for the summer, and have not gotten any bookings since the review. September is usually pretty busy here, but so far only one small booking and that came before the review. My understanding of the law is that even if you try to disguise a fact as opinion, if it is a statement of fact e.g. saying “this behavior is criminal” is and that statement is clearly false and damaging, that is defamation. Saying I think something is dirty can be subjective and an opinion, but saying my behavior is criminal when I have not been convicted of anything criminal - that is the difference. That’s why they always say “Alleged” on the news. Of course I’m not a lawyer, just a host researching this.
The definitions that I see for “libel” is “a written defamation”. No physical damage required
Not physical damage. Damage to the business or reputation would have to be demonstrated. Not getting any reservations is an example but that could be due to being dropped in Airbnb search.
Thank you for your responses. Have not been dropped in rankings, still in the first row and still Superhost, but no bookings. I’m wondering if I should hold off on writing a response to the review. Called Airbnb again today and they keep saying they escalate it and that I should call every 24 hrs.
Did you flag the review?
Call again, do it at a different time see if you can get a different call centre.
Do not start with asking to remove the review. They will say “no”, because the policy is not to remove reviews when a host is asking for it.
You are not in a position to demand, so you have to play things a little more subtle and smarter.
Ask them for help. Ask them if a guest can accuse you of being a criminal in a review. Get them on your side.
They will have a look at the review, and probably forward it to a case manager.
The case manager probably find it is against the policy and take it down.
“The I want this, and I want it now, or I am going to tell my mommy approach” usually does not work.
whether you have a case or not, I wouldn’t put too much effort into ‘clearing your name’. Anyone reading it, wouldn’t really think you’re a criminal, or that you’ve broken laws. The price of a glass of wine in Brighton is criminal, but not in a legal get-me-a-lawyer way.
It’s a really bad insulting review but I wouldn’t suggest getting litigious over it. A clumsy angry adjective, is all.
Thanks Chris. I did not know I can flag a review, and don’t know how. The only clickable thing is “leave a public response” and I’m not sure is leaving a response is wise until airbnb is done reviewing or whatever it is they are doing.
Never leave a response to bad reviews. Unless you leave responses to all reviews it will make them stand out. Best way is to ignore them.
Or to always reply to all good reviews. 
Policy
We treat reviews seriously to promote trust and transparency. We won’t delete reviews unless they violate our content policy. To report a review, go to Account > View profile > Click the flag icon next to the review.
I’ve recently had a review removed but the compromise was that my review of the guest also had to be removed. In my case, the guest wrote a very negative review after a resolution request alerted him that all was not well. He had previously messaged me on the app to tell me how wonderful everything was, how much he loved the apartment, how happy he was with me as a host, etc. I called asking that his review be taken down as it was clearly a retaliation, spoke to an agent, the call was escalated to a case manager who reviewed all of the details and removed the reviews as “a one time courtesy to a superhost” as she put it. While I was upset that my review of the guest wouldn’t stay, my personal reputation was more important to me. So Airbnb does remove reviews, you just have to approach it carefully, get them on your side, and cross your fingers to get a sympathetic agent who is experienced enough to weigh your happiness as a host with a guests right to review. Good luck to you.
Thank you so much that helps. I’ve been really nice and patient, but that hasn’t helped so far. I will try the flagging that Chris suggested and approach it with the suggestion of removing both the next time I call. I also have proof (print screen of her texts) that she left because of the altitude and that she said she did not know the altitude which is in the description twice, so I also see it as a revenge review. Really loving this forum. After 5 years of hammering through it alone there is support. That is sooooo awesome!.
I’m torn here. While in general it’s a principal I agree with, we are also keen that hosts leave a fair initial review of the guest. So, if we do leave a fair review of the guest(s), them receive a stinker, revenge or not, from the guest, I don’t warn other hosts?
I have responded to a bad review once. I felt I had a duty to alert fellow hosts that the person concerned was a difficult guest; I began my public response “with respect for my fellow hosts, I need to say…”.
The guest concerned complained that I expected him to communicate every step of the way, from start to finish, then stated that his parent’s flight was delayed, causing them to arrive very late. He was on the same flight, which was not delayed, but their arrival morphed into a sight seeing tour from Heathrow via central London and Canterbury, with messages every hour or so about what they were doing. They eventually arrived just before midnight, five hours later than expected.
I simply gave a short, factual, tongue-in-cheek account of his sightseeing detours with messages; no mention of a flight delay.
Fortunately, I had responded to some lovely reviews beforehand, with thanks. He was a nasty, nasty, entitled individual, whom I would not wish on a fellow host.
Thanks Joan. I reviewed her as a guest as I do feel strongly that hosts need to know. I check prospects reviews before accepting. In terms of responding to the review she left me, I am also torn. I do agree with Chris that it does highlight the bad review. But right now her bad review is the first things prospective guests see when they scroll down there, and since I have seen such a sharp drop in bookings, that leads me to believe that it does matter. Would it matter less if I explained the circumstances to her review? I can only guess or try. What I wonder about is if it will make me making my case with Airbnb for removal harder if I respond to her review?
I had a review removed but I posted to their FB page and their Twitter account. When I asked my case manager, the answer was “No we don’t remove reviews” even though it was clearly retaliatory. When I posted to FB and Twitter, the review - and stars - were removed in less than 12 hours.
I hear this isn’t standard … Who knows? But worth a try? Good luck!
me too, but it is end of summer season where I am. I realise that you have 5 yrs of seeing seasonal changes, but also there could be more new hosts in your area
Just thinking out loud:
If you respond to their review, don’t you have 48 hours to edit it? Would that mean you could delete it before the time is up? That would give you 47+ hours to see if there is any effect on your bookings…
I had a guest write a review once that was libelous, so I contacted Airbnb’s legal department to complain. They took down the review. Don’t call, send in writing requesting the legal department. I never accept Airbnb phone calls, only written responses.
Wow - great idea, thanks. Certainly beats calling them daily and getting variations of the same entry level person assuring me that they escalate it another level and someone will call me back and nobody ever does (calling it the loop of craziness). I’ll get a letter out tomorrow. Did you send yours with certified mail or regular?