Thank you!
My inspiration is Legally Blonde j/k
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I am delighted for you and well done in taking this action. You have helped all hosts by forcing Air to listen and hopefully (now) accept their policies are not beyond the legal system. You have dis proved the hosts who have said this couldn’t be done.
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Thanks Reader. I had a long legal strategy session yesterday with an attorney so as to figure out how to construct my appeal.
AirBNB won’t accept that its (non-European Union) policies are not only inhumane, but unfair and lack due process, until the Supreme Court says so and orders its current language struck (my opinion). So this is just an early step on a long road.
Hosts here and elsewhere have long said that “Air shoves ALL the costs and responsibility on the hosts.” It’s true and enough is enough.
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The very best of luck to you. Really respect your resilience and determination.
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Thank you.
I got notified by Airbnb today that they reviewed my case after I made a complaint via BBB.
ABB has now refunded us in full, and admitted that proper guidelines were not followed.
Its amazing that we have to go to so much trouble and effort for an “intelligent” appeal and review process.
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Here is the video on the 2nd trial against AirBNB itself:
YouTube: Lawsuit against AirBNB over removal from platform
As with the lawsuit against the guest –
YouTube link: Taking Defamatory AirBNB Review to Court for Damages
… the judge RIPS into the defense attorney in a rather entertaining fashion.
VIEWING GUIDE
If you ONLY have 10 minutes free, watch the judge rip AirBNB steadily starting at 23:30
If you ARE CONTEMPLATING a case against AirBNB, watch the entire video to see the process.
0-12:36 FIRST 12 minutes — wrangle over motion to dismiss
12:36-23:20 Judge says she wants to hear FACTS of case first, so we have 10 minutes (edited) of this
23:30-end Judge RIPS AirBNB. She denies motion to dismiss, hammers at AirBNB for its lack of talking to me in its “investigation”
25:14 “This investigation was fraud.”
26:42 “This investigation was bogus.”
29:04 “I think AirBNB owes you an apology.”
30:21 “It’s NOT. RIGHT what AirBNB is doing.”
30:33 “If you want people to bring you to court … do what you did to her.”
30:52 “This woman has been making money for you, and being a Superhost, and then all of a sudden, you don’t even want to talk to her?”
31:22 “I think it’s wrong for AirBNB to even have somebody sign that [the terms of service]. I really do.”
32:27 (WITH FEELING) "AirBNB needs to at least tell the truth. Tell the truth. And if not done, we’re going to hold them in contempt.”
** FREE BONUS **
Movie nods to Legally Blonde, My Cousin Vinny, Oliver Twist, The Pink Panther, Chocolat, Take the Money and Run, and Erin Brockovich
LINK to separate discussion on this forum of the case against the guest
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Ha ha, she didn’t order Superhost status.
If you want to get a false review removed, you might innocently ask CSX about its legal service address (888 Brannan St., FYI) for service of an injunction to remove the review and for your court costs.
voluntarily signing the TOS
Sigh, no kidding. I’m gonna write an amended claim noting the ToS are 90 gorillion percent in favor of AirBNB and 0 percent fair to its “voluntary” signees, the hosts.
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I just love how composed you were in court. You have a talent for it 
.
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Thank you! The complete fear and terror I felt at Trial 1 seemed to go away at Trial 2. I was standing very straight, often facing the AirBNB attorney, rotating to the judge, sometimes I did 360-degree turns to exchange glances with the entertained onlookers.
I had a boldly lettered index card in my trial folder reading only:
CALM
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wha’ happened – you did talk to CSX about the defamatory review & legal action?
Bravo, I will say it again your have done what some hosts posting here for years said was impossible. Delighted for you, you have done all hosts a huge favour.
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Well the host community here and elsewhere has chipped in brilliantly! As seen on the 2nd video v. AirBNB, I told the judge that the case is being followed closely by hosts in the U.S. and overseas. And that remark is followed by a (discrete) shoutout to @Brian_R170 at 17:40 for pointing out the AirBNB H3ll posting by the guest – which was REMOVED sometime between April 1 and 8 no doubt in response to my latest legal filing pointing it out.
In addition a Bay Area member of one of the hosting communities, not sure which one, “booked” my most humble listing for 1 night to offer financial support. She can stay here for real any time!
So thanks to all – this is in some respects a team effort.
Off to work on my motion on the AirBNB appeal – got to finish it today – it’s looking strong and I’m pouring everything we’ve all learned about the fickle nature of AirBNB Trust and Safety into the draft.
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UPDATE:
This morning was the appeal of my case against AirBNB in Baltimore Circuit Court.
Great judge, very fun to spar with him, he said twice that my arguments were “eloquent.” He was quite complementary. He was quite intrigued with my points that innkeepers are supposed to be exempt from the kind of “exculpatory” (“we ain’t responsible for your damages”) clauses AirBNB lands on hosts. He was also intrigued by the fact that Section 17 of the ToS (“we ain’t responsible for your damages,” again) is NOT permitted in the European Union.
We had a chat about how Justices Kagan and Breyer of SCOTUS are leading a debate on how much U.S. law should look to European law. I’ll get the audio of this case and post a video in time.
But in the end, I would have to call this a noble defeat, since he ruled AirBNB was not in fact responsible for my damages, due to Section 17. I’m a little surprised. He went with a ton of case law vs. AirBNB and from what I can tell, it was all tangential to the central fact of how AirBNB is shoving mammoth risks on HOSTS. The case law was about discrimination to guests, bookings that went bad, yadda yadda. I was prepared to hit these precedents head-on (because this was in the MAMMOTH 130-page Opposition that AirBNB filed against my appeal), but never got the chance before the judge ruled. I kind of cajoled him into letting me talk after he ruled, noting with a joke that “Hey you can’t disbar me,” when he said smiling he didn’t really have to listen. He finally gave up, “I guess you are going to go ahead anyway.” So he heard my little protest on the craptacularity of the precedents AirBNB bought up…
The judge was very nice to let me know that I can file a motion to reconsider with him, and also an appeal to the State Court, so I will look at these options. “Never say die,” my motto.
I WILL SAY THIS re TAKEAWAYS:
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There is a legal concept of an “unenforceable contract” due to unfairness and lack of bargaining power. If the AirBNB contract with hosts isn’t an example of this, then nothing is. The judge pointed to a bunch of Md. case law indicating decisions that found contracts were enforceable even though one of the parties had no choice. I just plain don’t follow this. It’s like there is state/federal law out there on contracts, but the judges somehow find it not valid. ANY ATTNYS that can explain this situation??
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If myself or another host can’t get the AirBNB contract for non-E.U. members closer to the E.U. contract, be aware please of this:
You may not be reading closely Section 15 of the ToS (“we can throw you out if we feel like it”) and Section 17 (“we owe you nothing”), but you’d better start. We outside the E.U. are up the proverbial creek without a paddle if ANYTHING happens in terms of delisting. And as I told the judge, getting delisted is a numbers game – it will happen sooner or later due to a squirrelly guest.
- Conclusions (unless a second appeal gets any traction):
a) Our relationship with the AirBNB platform and ability to stay listed hangs always by a thread.
b) if you get delisted (NOTE: this refers to the U.S.), you can sue AirBNB (not in Small Claims, which is money only) but in Circuit Court (or whatever is your higher court) where you can ask for a court ruling to get reinstated. AirBNB will probably raise its sleepy, uncooperative, disinterested head up and let you back on the platform, that is, if you care at that point.
c) If you want damages, for defamation or destruction of property, go after the guest, the guest, the guest, the guest.
I’ll follow with one of my motions rejected by the judge and I kinda get why due to case law but it still doesn’t make sense to me as a lay person.
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Thanks for the update. I don’t think the US is close to going the EU route (too “socialist” for 'merica) on contracts. I’m thankful that I’m not dependent on Airbnb for income. If they shut me down or I shut myself down and need the money I’ll just go back to the room mate situation I had for years.
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Thanks for the update. I don’t think the US is close to going the EU route (too “socialist” for 'merica) on contracts. I’m thankful that I’m not dependent on Airbnb for income. If they shut me down or I shut myself down and need the money I’ll just go back to the room mate situation I had for years.
Thanks @KKC. I of course think you are correct, and I’m not sure I’m in the most pro-small business state to gain traction, either.
Note to all: The appeal of my case against the GUEST, which I won and the GUEST appealed, should be heard in a month. That remains an interesting option.
This is one of the motions I filed. If anyone needs access to all the motions and counter-motions here from the beginning, I can get them online for inspection.
PUPPY LOVER, Appellant, representing herself, respectfully opposes the Appellee’s [AirBNB’s] Motion to Dismiss and Motion to Compel Arbitration. Given the time constraints imposed by the trial date presently scheduled for May 10, 2019, Appellant [PUPPY LOVER] presents the following brief response in support of her opposition to the Appellee’s motions, on which the Appellant is prepared to expand via supplemental and/or amended response if so permitted or requested by this Court:
The Appellee’s motion to dismiss and motion to compel arbitration, in an attempt to absolve the Appellee of all liability in this case for its wanton actions, rely on the Terms of Service (TOS) of AirBNB’s contract. As the TOS constitute a one-sided and unjust waiver of rights that shocks the conscience of the impartial observer, the contract Appellee relies on in its motions is void and unenforceable in violation of public policy.
In its Opposition, the Appellee relies on an unenforceable contract, as the Appellant hopes to demonstrate to the Court. Maryland and common law do not permit unconscionable contracts, as seen in this instance specifically as follows:
(a) the unequal bargaining power between AirBNB and its hosts, who have not an iota of negotiating leverage;
(b) the Appellee’s attempts via its Terms of Service to shift all risks of engaging in its short-term rental platform to hosts; and
(c ) the Appellee’s absolving itself of liability for negligence. Further, Maryland and common law disallow exculpatory clauses in certain transactions, including any involving innkeepers as occur here, that are perceived to affect the public interest.Finally, in a compelling paradox, the Terms of Service so heavily referenced in the Appellee’s Response (pp. 2-25), rather than supporting an automatic decision in favor of the Appellee, on closer inspection achieve exactly the opposite. These Terms of Service go so far overboard in favoring the Appellee as to land squarely in realm of unfair, unconscionable and unenforceable. In fact, the European Union has forced the Appellee to provide a fairer contract in the EU, whereby hosts from Finland to the Mediterranean can in fact hold the Appellee responsible for negligence. If it pleases the Court, Maryland short-term rental hosts would appreciate having the same rights to fairness and due process as hosts in Europe.
WHEREFORE, the Appellant respectfully requests that the Appellee’s motion to dismiss be DENIED; and
WHEREFORE, the Appellant respectfully requests that the Appellee’s motion to compel arbitration be DENIED.
RESPECTFULLY SUBMITTED,
PUPPY LOVER
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Interesting drama, for sure. I only see airbnb, HomeAway, booking.com as a source of leads who once staying with me, are now a source of repeats and referrals for future bookings.
Especially when they get that a good 20% or so of the cost (host, guest) is removed from the equation. Buy local, small business, etc.
Yes, a lead source is a good way to view the utility of Air, BDC, etc.
Add to the 15-20% in fees another 15% or so in hotel taxes/sales taxes, or whatever the local figures are, it means that prospective guests are going to more and more, book just the first two days of a mid-term rental with a host and then go into a direct invoice or lease.
Hopefully it will be available.
PuppyLover, just again what to congratulate you on your actions and resilience and thank you for the update.
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