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.