The Sequel: How to Sue AirBNB in Small Claims Court

Done.

Several times a year someone comes here with the same complaint. According to Airbnb TOS there is no “due process.” What they retain for themselves is the right to, “at their sole discretion,” remove anyone from their platform for any reason at any time.

No they don’t make decision based on due process or algorithims. Their decisions are based on their existing terms. They seem to have decided that it’s easier to sign on new hosts than to deal with problematic existing hosts. (I’m not saying your a problem, I’m just saying how they seem to deal with this.)

By the way, last I heard about the OP’s situtation, they did not win their case. The judge was critical of Airbnb but I don’t know that it changed anything. Perhaps they will chime in. This is an old thread and many people in it may have moved on.

Maybe if hosts would read the TOS in advance and then refuse to agree to their terms, Airbnb would have to change them because they would have a shortage of hosts. But hosts complaining that the terms they agreed to are unjust, after the fact, seems like a difficult thing to win.

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What I never understand is why people who have been delisted by Airbnb come here to complain about it. (They have more time on their hands now, probably.)

I don’t understand why they want to fight it and why they don’t just use another OTA. I like using Airbnb but it’s not the end of the world (or a business) if they delist a host.

I disagree. As a home-share host, there are no other options I know of that have anywhere near the guest traffic and potential for home-share bookings.

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I keep reposting the comment of the host who said his business died when Airbnb booted him. He said he learned that if “an Airbnb guest wants to punch holes in the wall, give them a hammer.” Even for my not really home share room it’s hard to imagine VRBO or Booking giving me the same reach as Airbnb.

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[quote=“jaquo, post:64, topic:30174”]l
don’t understand why they want to fight it and why they don’t just use another OTA.
[/quote]

Please post a list, then, of all the other OTAs that list home-shares.

I did.

20202020202020

JF

I believe @JohnF just did that a few days ago here:

[quote=“JohnF, post:68, topic:30174”]I did
[/quote]

[quote=“KKC, post:69, topic:30174”]I
believe @JohnF just did that a few days ago here:
[/quote]

Yes, I know. I was more responding to jacquo making it sound like there were all sorts of viable alternatives that would bring in bookings, so no big deal if Airbnb delists you, but for home share hosts there really isn’t much selection that would come anywhere close to the exposure or bookings Air generates.

I can’t (but @JohnF has) because when I was hosting in my home there were no websites at all. But I have a homeshare friend in the UK who uses bookingdotcom.

She also uses Airbnb because it’s the industry leader but like most hosts, doesn’t have all her eggs in one basket.

Unfortunately BDC seems to attract the worst quality of guests in my area, with tons of no-shows and cancellations. And as far as I’m aware it’s exclusively Instant Book.

I’ve never used it so I don’t know, I’m afraid. I guess it’s like many things and is dependent to some extent on location. The woman I mentioned above is in a smallish city in the North of England and she must be happy with them as she’s been using them for years now.

So many factors to take into consideration though.

As this goes off on a tangent, I’d like to remind everyone that taking someone to court is a long, laborious and sometimes expensive proposition. The OP spent many hours on her cases and as far as I know didn’t win. I believe Airbnb relisted her and maybe that was the result of the court case. The fellow who filed a class action suit over the EC covid cancellations last spring is still waiting and the case may get dismissed based on the TOS (if Airbnb gets their way). And even if the class action was successful, most the money goes to the lawyers, not the victims. I respect those who fight these cases that benefit all of us but you need to have a lot of money and/or patience.

For most people the wise thing would be to move on, promoting your business yourself or using other platforms.

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Having a camera and video recording does not make much difference. In my experience.

File a lawsuit in your local court (not small claims, a higher level – district or circuit court) and list Airbnb and whatever guest sparked your problem as joint tortfeasors.

For copies of my legal documents to guide you and videos of my court presentations, see here:

http://charmcityhomestay.com/airbnb-legal-saga/

Two footnotes:

  • I am not sure what state you are in, but try to ascertain whether your state’s supreme court is consumer friendly or not. You need to figure out your appeals route to success at the beginning, since Airbnb will fight paying damages. (However, they will if my experience is any guide reinstate you just before your court date, so a lawsuit is a lever to achieve this.)

  • You may want to just go to arbitration if your goal is just to be reinstated vs. making an attempt to rectify Airbnb’s one-sided contracts. One day someone may succeed here. Meanwhile just know that U.S. courts are a sham and go with the more powerful litigant in any lawsuit except in very rare cases.

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Thank you, Puppy Lover ( my idea of a perfect death is to be lying in bed surrounded by a litter of warm puppies crawling all over me and Bach playing in the background)

I’m wondering if going to the Better Business Bureau might be a good route also?

The more I think about how unconscionably Airbnb treated me, the more I belive others need to be protected from their ruthless policies. I was a Super Host with a 4.9 rating for 3 years and was booked solid during that entire time. Never received one negative review. If they can treat me like this, imagine how they treat others with less stellar histories.

I’ve got a lot on my plate right now but as soon as I have a minute free, I will follow up on these suggestions and any others you might have.

Thank you very much,

Carol

Being realistic, other hosts with half a brain will have spread their STR business across other channels therefore minimising the effect of being bumped from Airbnb.

You’re taking it way too personally, worth remembering that they don’t…

JF

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Do you think that arbitration is possibly a fruitful way to proceed?

Please tell me, what is STR?

Short-term rental. LTR is long-term rental.

Have you contacted your Senator & Representatives TO your STATE & US Congress for information & help? Especially the state ones because states rights Trump federal in many cases.