COVID-19 EC policy is different to the instructions given to guests.

[Louise0]

I'm very confused.

The EC policy covering COVID-19 states:

"Reservations for stays and Airbnb Experiences made on or before 14 March 2020, with a check-in date between 14 March 2020 and 31 May 2020, may be cancelled before check-in. This means that guests who cancel will receive, at their option, travel credit or a full cash refund, hosts can cancel without charge or impact to their Superhost status, and Airbnb will either refund, or issue travel credit in an amount that includes, all service fees."

However, below are the instructions given to guests. According to these, the Host has to agree to the refund, it's not automatic, even though the COVID-19 EC policy applies. Also, the date from which it applies is different. 

 Here are the steps on instructions for guests page.  You'll note that Step 7 should not be necessary if the EC policy applies, i.e. nominating COVID-19 as your reason at Step 6 should automatically trigger a full refund without the hosts approval:

"Requesting a cancellation from your host

If your reservation was booked before 10 March 2020, with a check-in date before 1 June 2020, or booked between 10 March and 1 June 2020, you may be able to request a cancellation directly from your host and get a full refund.

You’ll need to log in to your account on a web browser (not using the Airbnb app) to do this. A banner on the Change or cancel page will provide info on how to request a refund from your host.

1. Go to Trips and find the trip you want to cancel
2. Click or tap Show trip details
3. From the overview, click or tap Show details
4. Click or tap Change or cancel
5. Under Cancel reservation, click or tap Next
6. Select the COVID-19 (coronavirus) reason for why you’re cancelling
7. Click or tap Ask for a full refund

The host will be given up to 48 hours to respond, or 24 hours if the reservation begins within a week. If they agree to the cancellation, we’ll send the refund to your original payment method, including the service fee amount. Find out more about how refunds work.

If the host doesn’t agree, you can still cancel and your refund will be determined by the host’s standard cancellation policy."

[Sarah977]

@Louise0  They are making a concerted effort to have guests see hosts as the bad guy. It's vile behavior. And there is a new setting under your cancellation policies (of course nothing we were notified of), Called "Temporary Flexible Cancellation" or something like that. It tells guests they can have a full refund for bookings with a start date of June 30! Check your settings- one host reported here today she found hers turned on by default, resulting in a surprise 100% refund to her guest, without any input from the host. https://community.withairbnb.com/t5/Help/Full-Refunds-outside-existing-EC-Policy/td-p/1278874

They are sneaking stuff in behind hosts backs. Just when you think they can't do anything even more disrespectful to hosts, they top it with a new one.

[Robin4]

@Louise0 

What do you find confusing about that Louise? 

Isn't that just want Airbnb does........ confuse users!

I am going to tag you in another post that deals exactly with what you have written.

https://community.withairbnb.com/t5/Hosting/Airbnb-Makes-money-on-cancellations-case-study/m-p/12792...

Stay safe.

Cheers........Rob

[Louise0]

All jokes aside,  this is very, very serious.   

Airbnb cannot make a representation to guests that "guests who cancel will receive, at their option, travel credit or a full cash refund, " when that is not true as, according to the actual cancellation instructions shown to guests, the option for the guest to receive a full cash refund is solely at the discretion of the host.   

A further inconsistency is that, if a full refund is at the discretion of the host and is based on that host's cancellation policy, why is Airbnb overriding hosts' cancellation policies?  

This needs to be cleared up immediately.   It's inarguable that Airbnb are making misrepresentations to both guests and hosts in relation to the application and operation of the cancellation policy and process when the reason for cancellation is given as  COVID-19.

[Susan17]

Ah c'mon @Louise0 - you're one of the smartest, brightest and most clued-up hosts who has ever posted on this - or any other Airbnb-related forum - in recent years. 

You're no more "confused", than I am. Our perceptions of this company sometimes align, sometimes not. But let's just call this shameful, deceptive, dishonest debacle for what it is - a cynical, unethical, desperate cash-grab..No ambiguity necessary.

You know Airbnb are taking the piss. I know they're taking the piss. The vast majority of hosts (and now, a significant proportion of the public and world's media) know they're taking the piss. And it's only a matter of time until the relevant global authorities bring them to heel for taking the piss.

There's going to be a serious amount of egg, all over a serious amount of evangelist faces (and by definition, I clearly don't include you in that), when the Airbnb chickens finally come home to roost. 

[Louise0]

Sorry to keeping pushing my point, but I want to make sure it stays front and centre and is unambiguous.  The representations made by Airbnb on this issue are untrue and skating very close to deceptive conduct. 

I don't believe this is deliberate, I think it more likely that they simply changed their mind about the application of the COVID-19 EC policy and the process for accessing it. 

However, they haven't amended the wording of the EC policy to reflect this change.   I'm reasonably certain that Airbnb's terms as they now stand do not comply with Section 18 of the Australian Consumer Law. 

Because of the jurisdictional issues I'm not sure where that leaves me, and all other hosts down here, but this needs to be fixed immediately, as in today!

[Robin4]

@Louise0 

you do make a very strong point Louise, and I was in no way trying to belittle your thread.

What is happening on a widespread basis is illegal under Australian consumer law. Section 18 of the ACL does indeed "prohibit a person, in trade or commerce, from engaging in misleading or deceptive conduct. This prohibition is not limited to the supply of goods or services and creates a broad, economy-wide norm of conduct."  

They could have a problem here....the law does strange things....just ask George Pell.

There is masses of misrepresentation documentation, but much of it is anonymous  and I don't know how much of it pertains to Australia. 

You have brought this up, first of all why not take this to the top @Brian   I wouldn't be real hopeful of a reply, but who knows! He may be unaware and take some action  to get this closed.

As you say it could be something that just evolved without there being deliberate intent.

You do have to start from somewhere.

A post every 5 hours or so will keep this thread active near the top of the board for you. 

Cheers......Rob

[Louise0]

Another related issue has caught my attention.   In Australia, accommodation providers are bound by Australian Consumer law to give a guest a full refund (less any reasonably incurred services) if accommodation cannot be provided because a natural disaster or crisis has led to the authorities declaring an area unsafe to enter.  This applies to every state in Australia.

Therefore, Step 7 of the guest instructions I copied into my OP is redundant.  If the reason given at Step 6 is COVID-19, it would be a breach of Australian Consumer Law for a host to keep anything other than a small portion that could be reasonably deemed to cover their time spent dealing with the administrative aspects of the booking because the whole of the country has been deemed 'unsafe to enter'.

I have a guest due to check in next week.  She is flying in from the UK.  This is not possible because she is not an Australian Citizen or Resident and therefore prohibited from entering our country.  She needs to cancel but says that she can't because the system won't allow her to request a full refund.  She says she's made multiple attempts to contact CX and so far has not had any success.

Yes, I hear you all saying, I could cancel on her behalf or let her cancel the usual way and simply waive my cancellation penalty.     BUT...  if I do this, what's the chance that Airbnb will say I voluntarily waived my rights under my cancellation policy* and the promised 25% from them won't be forthcoming?   Cynical me says that's about 99.9% likely and could explain why Airbnb have made this 'error' and included the redundant Step 7 in their cancellation instructions to guests.

(* rights which, BTW, don't exist under Australian Consumer Law in any case)

[Louise0]

One thing I think it's important to stress at this juncture is that I'm not 'anti-Airbnb' and, as cumbersome as the platform design is, I prefer it to other options.  However, I don't think they are paying sufficient attention to how their internal policies interact with consumer laws and other regulation in the jurisdictions in which their hosts offer properties.  THIS is my concern.

For example, as well as the issue I've outlined with regard to Australian Consumer Laws regarding accommodation suppliers,  I see numerous instances of Airbnb Experience offerings in Sydney that breach local regulations and laws around food safety.

It's not enough that Airbnb take a 'tick the box' compliance approach that allows hosts to get their Experience listed without doing even the most cursory examination of whether the host really understands what's required in terms of compliance with local regulations.   There's a conduit there for some serious litigation that threatens Airbnb's survival.  Why aren't they taking it seriously?   It's a ticking time bomb.

And now they've added 'Online Experiences'.   So, what's your position if someone follows the online directions of a yoga teacher and breaks their neck or an online cooking class demonstrates multiple breaches of food safety laws across a GLOBAL jurisdiction?   How can you possibly police that?  Yes, some serious disclaimers will cover your backsides, but you need to look at what other online class providers (eg Masterclass)  do and copy that.  They don't allow amateurs, for very good reason.

[Laura3951]

Great job calling Airbnb out on this @Louise0 ! I was very confused when one of my guests complained to me that they weren’t getting a full refund even though they do qualify under the new EC policy. Then a few days later a rep from Airbnb messaged me to ask if I would fully refund the guest. I didn’t get that the CX rep was trying to get me to cancel the guest so Airbnb could say that I agreed to the cancelation with no penalty. This is so confusing because I had maybe 8 or 9 other reservations canceled for full refunds under the EC policy without any kind of notification. Now it all makes sense that Airbnb would prefer I cancel the reservations so that I waive the cancelation fees. Pretty slick.

[Martin3366]

I canceled a reservation on March 13th for a stay that was supposed to start on March 14th. Airbnb is saying that because I did not contact them within one day, that my reservation cannot be refunded. This "one day" policy is not published anywhere.

[Liesel-And-Ed0]

I've been messed around by Airbnb agents with various bookings that should entitle me to:

(a) full payment for a booking that I did not agree to refund because the guest cancelled within 1 hour of checking in, but Airbnb overrode me and gave her a full refund, and

(b) a 25% payment for the value of the booking.

 @Louise0 I'm a lawyer, and one of my principal areas of practice is consumer protection. I'm about to write a letter of demand to their APAC General Counsel and Australia and New Zealand Country Manager, which asserts breaches of the Australian Consumer Law. You're correct about this and in recognising that there may be jurisdictional issues, but Australian laws will always prevail where the cause of action originates in Australia. Airbnb recognises this in its Terms of Service, at clause 21.3: "The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your country of residence... Judicial proceedings that you are able to bring against us arising from or in connection with these Terms may only be brought in... a court with jurisdiction in your place of residence." Anyone interested in a class action, let me know!