That is eye opening! Thanks for sharing all this info. Hosts have been sued for saying “not suitable for children” which is exactly what Airbnb says. Only Airbnb won’t be sued, the hosts will. Really what can you do? It sounds like you shouldn’t say anything extra about no children and hope you’re not singled out. This one guy suing everyone is frivolous, claiming he’s “emotionally distraught and extremely insulted” by the ads, yet he never even tried to book.
I’m sure there was more to it than those individuals just stating “not suitable” but who knows, we haven’t seen their advertisements. They may have crossed the line into discrimination with whatever else they wrote.
I did notice the string of suits were all settled outside of court. The question is, have there been any judgements? There is a big difference in whether a determination was made by a court and a judgement rendered, or whether the parties simply caved and settled on the courthouse steps.
I’m only commenting about Air’s pre-worded options in the House Rules section. Hosts do not have the leeway to deter from the boiler-plate language. If any of the sued principals were under Air’s umbrella, I would think it would be their first defense. That’s why I suspect there was more to it than depicted.
Air is obviously confident that their chosen terminology (“not suitable) is not discriminatory because here it is two years down the road and it is still in their template. Stating that a rental property is not suitable for pets or children is not the same as saying pets or children are not allowed.
Anyway, I’m not sparring for position or playing the game of legalese-lingo because I’m sure it’ll all come out in the wash eventually.
Does anyone out there in Australia know how this effects us here. I have tried to find something but nothing is popping up.
Just a point of clarification… this was a Request or Inquiry? A Request requires an Accept or Decline, an Inquiry only requires a response, though you will still see the countdown clock.
It was a request. Apparently just a response is required for that as well as we discussed on a previous thread. You don’t have to pre-approve or decline a request although Airbnb sure makes you feel like you do. @cabinhost set me straight on that one, too.
Oh, sorry for the confusion. In this case, it was a request to book so I did need to respond. I’m on IB so I get so few requests to book and it was early morning: Caffeine deprived.
I understand children need to be children. I want PARENTS TO BE parents and supervise their kids.
The worst of the kid related damage was: set of bunk beds destroyed after treated like monkey bars. Sofa sleeper bed used like a trampoline thus damaging the supports. Child peeing in the bed AFTER his parents removed the water-resistant mattress cover because their darling didn’t like it (waterproof backing with soft cushion on top).
In my first correspondence with guests is:
2. Unit is NOT toddler/child proof. Cleaning supplies may be stored under sinks & other low locations. Outlets are not covered. Corners are not padded.
**********Do you think we can get an Airbnb check box for: [-] parents required to be responsible parents?
I would feel uneasy too about a guest who is asking for an accommodation but hasn’t met the booking requirements. It feels odd.
However, like @GutHend the no reviews after being a member for a few years wouldn’t concern me, mainly because I don’t have any. Purchasing the beach condo was a stretch for me and I knew I would not be taking any trips for a while. I’ve been a host for several years but never an Airbnb traveler.
I hope you got reimbursed for that mattress,
Sneaky guests put the pad back on the bed so the stain wasn’t noticed until too late to file a claim —-no reimbursement
I’m sorry to hear that.
I said in my listing i do not accept children < 2. My house is not child proof, stairs are a hazard, I don’t have a crib or a high chair. Yet people approach me and ask if they can bring their infants. I tell them all of the above and they say they are happy to bring their own. I don’t have a problem with that. I hope this written acceptance would absolve me of anything in the court of law because they assumed the responsibility, if touch the wood, something were to happen.
We also have a pool and in addition a garden full of stone steps. From our experience with our own grandchildren, these act like a magnet for just-walking toddlers! In the past we accepted some guests with small children, but quite frankly the damage to my blood pressure when I saw them anywhere near the pool was just not worth it …
I don’t think we have such draconian anti-discrimination laws here. I check the “not suitable” box but say in the listing that we will accept an older child who can swim and I ask parents to confirm this if they book. I know that In France every in-ground pool must by law have a safety device (fence, alarm or cover) even if it’s privately owned and I believe that there is a possibility this might be introduced in Spain.
The law discriminates against under 18s all the time. For good reason in many cases. Anyway is ABB applying this to themselves? Do they allow people who are under 18 to register as guests and make bookings in their own name? I think not:
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Airbnb Platform or register an Airbnb Account.
So you can’t belong to the ABB community if you are under 18. Discrimination!!!
The Federal Fair Housing laws protect families with children: The Fair Housing Act protects people from discrimination when they are renting, buying, or securing financing for any housing. The prohibitions specifically cover discrimination because of race, color, national origin, religion, sex, disability and the presence of children.
You’re mixing issues here: contract law isn’t the same thing as Fair Housing or Civil Rights law.
People under 18 can’t enter into legally binding contracts (at least in the US). A 15 year old can’t book a vacation rental any more than they can lease a Porche.
So it’s not that children are protected, it’s that adults with children are protected.
with the Mrs. Murphy exception for on-site landlords w/ 4 units or fewer.
You also need to know what your state laws say as not all states recognize this exemption.
They all recognize it as a starting point. As your valuable link notes, some have more stringent provisions. But you’ll see owner-occupied room sharing is pretty universally recognized.