I allow validated IDs to book, pending ID verification and lease signing. If they don’t complete these two final steps then my “house rules” state that I can cancel the booking. And AirBnB can’t even hold it against me.
In fact the house rules section is a joke if you have to defend yourself in court. What jurisdiction are you signing under, meaning which laws apply? Where is there even a signature? They’re agreeing to no smoking rules? Great. But what if someone rents for house and uses it as a bordello for a week? Are you also their partner in this?
I understand all of your points and you have done good points but I respectfully disagree ;).
The AirBnB “guarantee” is the first one that will tell you no if a really major problem arises. It’s a marketing ploy. Did you actually read all of three fine print on that? I do contracts for a living by the way so I have a good idea of where this goes.
Also if a guest doesn’t trust you by telling you who they are then I wouldn’t trust them either. And, by the way, all they have to do is Google your home’s address and pull up your County tax bill to know that you’re the owner. You are, after all, the one letting a stranger into your own house.
Would you just let a stranger drive your car without insuring that they have a valid driver’s license and insurance? So why would you trust a commercial listing site be the one telling you that they’ll “protect you”, while they won’t even provide you with the guest’s information. Plus they’re not even telling you that" they’ll protect you ". They’re actually telling you that they won’t (if you read their ToS carefully).
The only ones covered are themselves only since they’re not taking possession of the real transaction between yourself and the guest other than listing and payment processing.
Read their ToS carefully. When the guest books it’s the listing site that’s fully covered, not you.
Even the hotels don’t ask? Well, actually, they do. They run your actual credit card (with your real name) and make you sign this nice paper with lots of fine print every time you check in. If you, carefully, read the fine print you’ll notice that you’re signing their Terms of Service agreement and, believe me, they’re covered.
Also give AirBnB a call and ask them about the rental agreement question. If you push just a little bit they’ll tell you to do what I just said. They have to.
In fact you should have a digitally signed rental agreement that records the IP address of the client and date of signature. That’s the digital paper trail that process that the person with the valid ID is the one that digitally signed the agreement (which States their full name and legal address). It’s legal in court.
All the guest has to do if click on" I Accept ". If they don’t want to do that and they don’t want you to know who they are then that’s a red flag and their $2K weekly rental shouldn’t be as important as your financial security. An IT guy can set up the digital contract signing for you for under $100.00.
And, I’m not saying this to protect myself against a $500 glass counter breaking. It’s the big stuff that you have to worry about.
I.e. hurricane hits, someone blames you for not having adequate evacuation procedures. What’s your insurance company going to do? Assuming that you actually have commercial liability insurance, the first thing that they’re going to ask you for us your rental agreement containing all of those valuable disclaimers. And that’s after the AirBnB " guarantee "tells you that you aren’t covered for this type of circumstance.
Call your insurance company and let them know that you’re doing short term rentals. Make sure that they accept it (many don’t because most homeowners don’t know who they’re actually renting their house out to). It’s very different than long term lease agreements that insurance companies underwrite without an issue. They don’t like short term rentals because of this specific issue that we’re arguing about right now.
Who knows what the issue can be but you can either accept my recommendation or not. That’s up to you.
All of the other listing sites allow you to upload your own rental agreement (HA, FlipKey, etc.). There’s a reason for that. It’s because the actual obligation is between yourself and the guest, not them. No way are they going to hop on board as defenders in a lawsuit that you’re named in. They won’t come to within a mile of it and that’s why the AirBnB " guarantee "will back out.
One more thing. The first thing that an opposing attorney will look at is if you have a rental agreement, the second thing is your insurance policy and the third thing is your personal equity. That’s in the interest of evaluating if there’s money to be made by suing you on behalf of their client. If you’re properly covered then you can actually dissuade potential lawsuits.
I’m not fear mongering but I do advise everyone to check with an attorney to make sure that you’re doing this right and not too trust a commercial " advertising agency" to save you when the worst happens. They won’t hesitate to back out and they’ll point you to multiple clauses in their guarantees and ToS when they do back out.
You know what they say. It’s not if you get sued, it’s when you get sued. If you’re offering a service to the “public” then protect yourself.
I understand your points. I just don’t agree with them.
Get an attorney to check your stuff out. The $1K cost will be well worth it and you’ll realize that I’m right. Expense it as you do with the furnishings of your rental property.
The nice thing is that I’ve never had a guest refuse to show me their ID card or to click on “I accept” for my rental agreement. No one was ever “offended” that I’m seeing their real name and that “it’s a security breach”. If anyone were to tell me that I’d point them to a few other listings that can work for them (other than mine) because I don’t want to leave them in the lurch with their vacation planning.
I hope that I’m not singing to the choir and the only reason that I’m being blunt about this issue is because I know that most homeowners try their best and have good intentions but don’t have an idea of the potential consequences.