Totally agree, very misleading.
I really wonder how often this guarantee gets used - to me with the number of hosts world wide this must be spread very very thin!
The Host Guarantee isn’t actually an insurance policy. It’s really just a “guarantee” that Airbnb will be there for you in case your property is damaged. Here’s a comprehensive guide that we wrote about the Host Guarantee program with all you need to know: http://blog.airhostsforum.com/2017/05/24/airbnb-host-guarantee-policy/.
2 Likes
Agree, and I think they say, too none of it is actually INSURANCE. To their credit at least it is something. The other platforms have zilch.
Hello @ChrisR, is possible that you find the response in the chapter 19 of the updated terms of service, this is the begining, there is more to read about other situations.
19. Dispute Resolution and Arbitration Agreement
19.1 This Dispute Resolution and Arbitration Agreement shall apply if your (i) Country of Residence is in the United States; or (ii) your Country of Residence is not in the United States, but bring any claim against Airbnb in the United States (to the extent not in conflict with Section 21).
19.2 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 Section 19.1 applies: (1) an informal negotiation directly with Airbnb’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 19 and except as provided in Section 19.6). Specifically, the Consumer Arbitration Rules provide:
Claims can be filed with AAA online (www.adr.org);
Arbitrators must be neutral and no party may unilaterally select an arbitrator;
Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
Parties retain the right to seek relief in small claims court for certain claims, at their option;
The initial filing fee for the consumer is capped at $200;
The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
2 Likes
UPDATE in case anyone wants to file a small claims lawsuit against AirBNB:
YES you CAN file a small claim. See this fine print in the ToS under Section 19:
- Parties retain the right to seek relief in small claims court for certain claims, at their option;
So if your dispute is under your state’s small claims limit, say $5,000 to $20,000, you can file a small claim and you do not need to go to arbitration.
In addition, you can further sue your guest for damages, a defamatory review, etc., separate to AirBNB.
4 Likes
I wonder what that means.
I think it’s interesting that I can’t find a single story online of anyone ever suing Airbnb. There are people asking and saying they are going to but either they don’t follow through or they don’t publish the results.
1 Like
I wonder what that means.
I read it and read it and read it, and finally concluded that it means (bottom line), if your claim meets your local jurisdiction’s requirements for being below a certain amount, you can file.
I think it’s interesting that I can’t find a single story online of anyone ever suing Airbnb.
Nor could I, in deep deep searching, barring some indications by posters on Reddit that they successfully filed claims and that AirBNB settled prior to trial.
There are people asking and saying they are going to but either they don’t follow through or they don’t publish the results.
Exactly. My supposition is that AirBNB works very very very hard to achieve settlements prior to trial and non-disclosure agreements.
1 Like
Ah yes, here are some reports of pressure go sign NDAs:
Observer: Airbnb Bribes Host With Cash Under NDA After 200 Partiers Destroy Apartment Complex
The article notes that AirBNB would NOT pay out the vast majority of claimed damages without an NDA, until the Observer did some investigative reporting.
1 Like
Not sure about other jurisdictions, but in Australia a company cannot override your statutory rights, which include the right to take legal action in the event of damages or loss. The amount is immaterial.
You’re missing a link here… ?
Unfortunately, not in most states in the US. Arbitration clauses are embedded inside almost every cell phone/credit card/installment purchase agreement.
Somehow, that doesn’t surprise me 
U.S. law varies on this point, from what I can tell. Sometimes when you sign a contract, you do agree to give away certain rights, but depending on the details, in general you are not bound by aspects of Terms of Service that greatly conflict with public policy.
Also, from what I can tell, the Supreme Court has ruled that you CAN go to court after unsatisfactory arbitration in certain cases.
I tried numerous times to insert a link and then to post a screen cap, but this is not available to new users on the forum, apparently.
Thus I was hopefully careful to put the exact article title in my post, so you can c/p it into a search engine and go straight to this article.
1 Like
Yes this is correct. Many new users sign up expressly to spam the forum with affiliate links or links to their websites. So someone needs to be a member for a bit and participate some before being allowed to post a link, which @NordlingHouse very much appreciates. 
1 Like
Not insurmountable though. Gateway computers (remember them, haha) lost quite a few cases against their clauses. So many so, that they are prime examples used in law school classes. Not a good way to be famous, lol!
Fingers crossed for us “little guys”.
1 Like
INDEED. I have a trial Wednesday against AirBNB itself for delisting me, following an earlier trial against the guest who left a defamatory review.
In the interests of helping others in the same boat, I just finished editing the audio transcript of the trial against the guest. It went pretty well given that, unusually perhaps for a defamation complaint, the damages were very clearcut, as AirBNB delisted me, leading to very quantifiable loss of income.
Link:
YouTube: Taking Defamatory AirBNB Review to Court for Damages
You can watch from the beginning to see the nuts and bolts of these trials, or skip to 8:00 to see the judge get irritated with the defendant’s attorney, and then madder and madder and madder.
6 Likes
Very interesting. Thanks for sharing. I look forward to hearing the Airbnb trial.