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Terms of Service: AirBNB

This merits its own thread. Today, @konacoconutz mentioned that she thought, perhaps, indoor cameras were forbidden under the current AirBNB TOS, so I went to search. Didn’t find any mention of surveillance or cameras, but did find this:

“If you are a Guest, you understand and agree that Airbnb may make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for or to an Accommodation or any personal or other property located at an Accommodation (including without limitation amounts paid by Airbnb under the Airbnb Host Guarantee). You agree to cooperate with and assist Airbnb in good faith, and to provide Airbnb with such information as may be reasonably requested by Airbnb, in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Airbnb may reasonably request to assist Airbnb in accomplishing the foregoing.”

Has anyone ever heard of AirBNB going after a guest’s insurance company to pay for damages?

2 Likes

THAT is very interesting!

Another interesting clause:

“Overstaying without the Host’s Consent
Guests agree that a confirmed booking is merely a license granted by the Host to the Guest to enter and use the Listing for the limited duration of the confirmed booking and in accordance with the Guest’s agreement with the Host. Guests further agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between the Host and Guest. If a Guest stays past the agreed upon checkout time without the Host’s consent, they no longer have a license to stay in the Listing and the Host is entitled to make the Guest leave. In addition, Guests agree that the Host can charge the Guest, for each 24 hour period that the Guest stays over the agreed period without the Host’s consent, an additional nightly fee of two times the average nightly Accommodation Fee originally paid by the Guest to cover the inconvenience suffered by the Host, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Host to make the Guest leave (collectively, “Additional Sums”). Airbnb Payments will collect Additional Sums from Guests pursuant to the Payments Terms.”

Of particular interest is this: " for each 24 hour period that the Guest stays over the agreed period without the Host’s consent, an additional nightly fee of two times the average nightly Accommodation Fee originally paid by the Guest to cover the inconvenience suffered by the Host"

Has to be 24 hours, but it is still interesting. Doesn’t cover @faheem 's 12 hr requests though.

1 Like

But isn’t that more for squatters? Not for Luggage-Leavers. (Don’t you love the new lexicon that hosting gives us?)

I think if there is luggage on site, you have not vacated the premises. However, I am trying to imagine enforcing this little clause.

You are correct that this clause’s 24 hr timeframe is about squatters, however, a host with back to back bookings would be incredibly screwed long before that time period was up.

I had this happen and only received one additional night’s fee. Should I address this with airbnb?

2 Likes

@sandyb The difficulty would be, knowing if this clause was in the TOS when this happened to you.

General question, when they change the TOS, do you get notified?
If so, I might grab a copy, date it, and file it away just in case I need it to protect me in the future.

1 Like

I’ve never noticed Airbnb notifying me about anything. Have you?

Interesting ABB calls it a license, the Supreme Court of Victoria (Australia) just determined it isn’t, the owner or renter is subletting. These things only ever get worked out in court whatever ABB says. Re:
Coming after the guest on their insurance, they may be able to sue a guest’s insurer under public liability but I imagine any insurance company would decline the claim and ABB would be forced to sue in
Court- this will only ever be tested when a. There is a massive claim ABB has to wear, eg drunk guest burns house down or b. ABB tries to come after some Millenial Princess & Daddy is a bored lawyer & takes it to court for her ‘on principle’

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