Anyone know about the costs of filing a Demand for Arbitration?

[Nicholas451]

I can't believe it's come to this, but I want to take legal action against ABB. I just wonder how much arbitration costs and if I can afford it. I don't need a lawyer. The case is clear cut. I just need to present it to a neutral party. Pretty sure I'll win, though I do have to prove ABB is lying, and they are.

So has anyone gone through this?  What kind of money are we talking about?  If it's only a couple of hundred as advertised, I'm good to go. I worry about surprise fees. That's why I'm asking.

I've been a super host for years. Never imagined I'd be here, but ABB owes me a fair amount of money. Can't just let it go, so I'll go thru this hassle.

Don't plan to ever host (or be a guest) again. I don't trust them anymore.

My advice to others is, be cautious about getting into a position where ABB owes you a lot of money. Long-term bookings are thus riskier and if something goes wrong, don't expect ABB to have your back.

--Nick

[Liv]

Hey @Nicholas451,

I've just sent you a DM. Can you please check when you get a chance?

Thanks.

[Ian-And-Anne-Marie0]

Hi @Nicholas451 

Welcome to the forum, and hopefully we can help you and you might be able to return the favour at some time!

Each region has its own Terms, but pretty much they're very similar. In the UK where we're based, Section 19 of the terms is where you will find all the Arbitration information, and quite possibly will be the same section in your own area.

This is the UK hosts and Europes direct link: https://www.airbnb.co.uk/terms#eusec201910_19

This is the Americas general Terms link: https://www.airbnb.com/terms

The cost is $200.

If you have a sizeable claim then the $200 will be a small price to pay. 

You don't say whether your claim is Covid related, but because of the controversy over the Extenuating Circumstances implementation, I'd pretty much guess that Airbnb will not be wanting to allow Arbitration cases of any kind to succeed on any significant level at the moment, so rather than take the risk of losing your $200 plus your claimed losses, you might be better advised to have a Lawyer 'holding your hand' for a fee. Already these people have overturned Airbnb objections which only Lawyers would know how, so it may be worth your while consulting with one of those Lawyers who have already been there.

One such firm can be found at 10000hosts dot com, 'ten thousand hosts dot com' or another 'legalbnb dot com'. 10000hosts dot com are posting particularly valuable information on their website and also their Facebook page, so well worth looking into.

Your situation sounds similar to some other members' predicament mentioned on here a few months ago, perhaps they will chime in personally, or if not, I'll try to search out their posts for you, which you might find useful.

You seem confident with the evidence you have, so Good Luck, and I hope that you're successful with your claim and it doesn't take too long to be satisfied.

[Nicholas451]

My claim is related to Covid. Total loss for me was $4,000, but I'd be seeking about $2,000 that I lost due to an AirBnB software error, which they won't acknowledge. I doubt that'd be worth a lawyer's time. I could probably make a case for a part of the other $2,000, but that would be more difficult to argue.

Thank you for taking the time to respond.

[Lisa723]

@Nicholas451 you might also consider small claims court. I have succeeded with that route.

[Nicholas451]

I don't believe that's allowed. Our contract requires arbitration.

[Lisa723]

@Nicholas451 what contract? If you mean Airbnb TOS, no, small claims court is also allowed-- and as I said, I have done it and recovered funds.

[Nicholas451]

Interesting. I wonder which is better. I guess that's impossible to know in advance. Thanks.

[Ian-And-Anne-Marie0]

@Nicholas451 

With arbitration, everything is down to the individual arbitrators decisions on a case by case basis, but using an experienced aide will guide you around the pitfalls and increase your chance of success.

An aide in this case - a Lawyer - who will 'hold your hand' is $150. For this, they supply all the paperwork, files and application process with which to make your arbitration application. With the $200 arbitration fee, this is not a great expense.

The arbitration process is a really relatively straightforward, affordable option to fight for due recompense, It is an Airbnb provided process through independant Arbiters.

Your case, like any other case involving the Extenuating Circumstances policy depends not so much on your evidence of wrongdoing, but more on the illegal application of changed terms, which based on legal evidence, there were. 

As such, your claim for $2,000 identified by your specific evidence is covered not only by your evidence in hand, but by the greater unlawful application of the changed terms. Because of those changed terms your claim can legitimately be $4,000. Your loss due to the changed terms.

Let the lawyers advise you on that "more difficult to argue" perception.

[Nicholas451]

Well, actually I don't think extenuating circumstances apply in my case. Apparently a long-term guest can always end a booking if they give at least 28 days' notice. That's why the change was approved without my consent. I'm okay with that part of it, BUT, the change altered the terms of the booking such that the guest not only didn't have to pay anything for the last 28 days, I actually had to refund another week on top of it!  So I went into deficit. That amount was deducted from my next booking. That was really infuriating.

[Ian-And-Anne-Marie0]

@Nicholas451 

You've been screwed.

That's what arbitration is for.

[Paul60]

' Don't plan to ever host (or be a guest) again. I don't trust them anymore.'

100% agree. ABB are snakes.  

[Alison737]

Thank you all for sharing about arbitration here. Currently out of $10,000... arbitration may be a viable option. 

[Mike-And-Jane0]

@Alison737 Small claims will be cheaper and far more efficient.

[Lisa723]

@Mike-And-Jane0 $10,000 may exceed the limit of small claims court, depending on the state.