Do I sue AIrbnb or Host? Or both?

[Victoria1618]

I made a two night booking in May 2022.

New Orleans.

I have used Airbnb for 6 years, and never had an issue.

Arrived finally at the location. 

Rang bell, knocked on door, called out nobody answered.

Could not get in. 

Repeated this process for 30 minutes. I was there at the agreed time - 3pm.

At 2.50pm had called Airbnb to confirm address . I was still on the phone for 40 minutes with the agent, while I knocked, rang bell, called out etc.

THe agent could hear it all.

Meanwhile my Uber driver won't leave, as he said it was a bad neighbourhood and he didn't want to leave me stranded ( nice of him, and he LOST three jobs whilst waiting. Even Uber called me for a welfare check).

After 30 minutes the Agent asked if I wanted to cancel this booking.

She could hear I was unable to get in. SHe heard me hollering, ringing the bell etc.

I said yes.

She said she'd have to reach out to the host, as per protocol, and then get back to me after 10 minutes, so we could continue the CANCELLATION.

I never got a call back. Nobody called, or left a message. 

( Note- during this call I'd told the agent I was unable to access my account as I'd been locked out of it for 24 hours. I always book Airbnb from my laptop and am never asked for phone verification. This was the first time I attempted to sign in using my phone and so now was locked out for 24 hours, so I could not access my page or the host info meaning I couldn't call her. I would NOT HAVE CALLED THE HOST FIRST in any case, as I now felt this was a situation I would prefer an Airbnb agent to handle.)

I went to a nearby hotel, same area, very pissed off. The agent never called me back NOR did I get messages inside my message centre. I spent $240 on a hotel for one night, and had to spend another $100 the next  night on a motel6. 

Called Airbnb at 6pm to ask where the agent was, and why I'd not been called back. 

The agent this time said sorry and that my refund was in process.

Got a message 10pm from the host; "Hey are you checking in today?"

I wrote back: "Are you kidding? No". I explained why.

Next day I called Airbnb, they said yes yes the refund is in process.

I call them everyday.

Two weeks later, I have spoken with ten agents, all of whom tell me a different thing than the previous agent. 

They refuse to liste to the audio of the first call in which the agent suggests I cancel. 

AIrbnb refuse to take reponsibility. 

They now leave messages : "Unfortunately it's up to the host at this point, we are heartbroken this is the the result you wanted". 

THe host insists she was there.

( So....you were there but didn't let me in. That looks worse than if you just weren't there.)

She also sent me a screenshot of her talking with Airbnb at 10 pm that first night in which she asks if she'll have to refund me, and the Airbnb agent says no she wont. This SEEMS to be the first contact Host and Aribnb had that day, unless Host is withholding something, so Airbnb did not reach out to her at 3.30pm like they promised, or again, they did and she's hiding it.)

I ask the host ( message her) if she was contacted at 3.30pm that first day by the Airbnb agents. She said no.

She gaslights me inside my messages, saying I was supposed to call her if there was a problem ( to me this indicates that she knew she was out of the house at 3pm). She gaslight me in repeated messages. 

I think the host was just not there until about 4pm. I think she didn't arrive til then OR slipped out and returned around 4pm. I think she's going to continue to make up a story that she WAS there at 3pm.

She later in messages insists she was there "ALL DAY!" (sic)

I have the Uber driver's written statement he was a witness, and I have the audio of the first call ( that the court can subpoena).

DO I sue Airbnb or the host or both?

Nobody has given ME proof that the host was actually home at that time. 

Even if she was, she did not let me in, and that is what I have proof of.

I want to sue Airbnb because I think THEY didn't message me back or call the host like they promised and they need to take responsibility for this whole situation. They said they would do A. B and C, and apparently never did anything.

So, DO I SUE THEM FOR A REFUND, OR THE HOST OR BOTH TOGETHER?

[Quincy]

Hello @Victoria1618, I'm sorry to hear that this has happened to you. I have passed this on to our team, so that they can look into this. 

[Victoria1618]

This is honestly so upsetting to me. 

I truly thought that a company like Airbnb, whose reach is global, whose fame is known, whose involvement encompasses people's credit card trust, has messed up so badly here.

Who exactly is in charge?

The agents are laughable, pitiful.

The first one doesn't know what the second one is doing. One agent tells me A, the second tells me Q. 

By the fifth, sixth, and seventh agent, I am back to square one and it's like I'm beginning the story. 

Don't pass this to the team who handled my case for six weeks so far, bumbling around like two year olds, telling at every step: 

"We're heartbroken this is not the response you wish for but unfortunately Ma'am the matter is now in the hands of the Host, we cannot supply you with any further assistance Ma'am. Rest assured we are doing all we can Ma'am".

I don't know who you have for your service agents, but you need to find a different country to outsource to. 

Pass this to the CEO. The Person who makes decisions. Pass this to an executive who will :

1) Listen to the whole audio of the call May8th at 2.48pm. A 36 minute call. Listen to it ALL and hear what the agent said to me. Read the transcript. 

2) Look at the files I sent - the Uber driver's witness statement, the Uber receipt. 

3) See the second call I made at 6pm that same day.

4) Read the files of the conversation between Host and Airbnb that same NIGHT, where Airbnb says they did not reach me and did not leave a message. I have proof they did not call me back ( phone records) and there is no messages in my massage box on this site.

DO all this- send my case to the Top Brass. I am giving you a lot of chance to rectify this. 

5) Read the gaslighting, bullying messages from the host in my message box here. I am upset, while she called me names, blamed me and so on. See how THAT goes down with you. 

This is the most upsetting experience with a company I can ever recall. 

 **[Private conversation removed in line with the Community Center Guidelines]

[Victoria1618]

This last one is funny. 

THe agent tells the Host that she reached out to me ( a lie, I never received a phone call, or a message in my inbox.email or anywhere). 

Also this was 11pm. 

My check in time was 3pm. 

I should note this :

This was an extremely dangerous situation. THis is the third highest murder capital of America and the neighbourhood is not good.  Doorways to restaurants, hotels and other buildings are barricaded shut. 

At the time, on the day I mentioned how wary I was of being stranded there, while the host was not letting me in / not present ( you pick). I felt is was a very bad situation that I hold Airbnb personally responsible for, for not taking seriously. 

I am happy to post this info publicly, because I have now earned the right to do so. I want everything here seen and read by as many people as possible, in order to get my refund. 

 **[Private conversation removed in line with the Community Center Guidelines]

[Debra300]

@Victoria1618,

I know this was, and continues to be a very frustrating.  Is there a good reason why you chose not to contact your travel insurance provider to file a claim due the rental was inaccessible?  I always recommend purchasing it to protect travel investments no matter the destination, distance or duration of travel away from home.  

[Victoria1618]

You have the wrong person 

[Victoria1618]

@Debra300 WhatTF you talking about? Who's talking about travel insurance provider? 

You always do this, you always do that. OK, You're perfect. 

How is this helpful?

[JJ48]

@Victoria1618  Suing is a lot of time and money, probably more than what your refund would be, especially if you are not local to the area and also there is an arbitration clause with abb. However, if you have proof of that you paid for a service or product and the merchant was unable or unwilling to provide the service or product then the proof of that is best shown to the bank you processed the transaction through. 

[Kia272]

@Victoria1618  YES! Sue everybody in the whole wide world! Suing is the answer to all problems everywhere. Suing people fixes everything! 

SMH

[Victoria1618]

@Kia272 You're projecting a little too much methinks. 

[Kia272]

@Victoria1618  You're litigious a little too much, methinks. 

Oh, and being rude and hostile to all who don't agree with you helps too. 

Let us know your net gain after all the legal fees. That should be interesting. 

[Helen3]

So just to be clear - when you couldn't get in you firstly called the host and messaged them on Airbnb ?

also was the host expecting you at 3 pm

it seems strange you would have had to call  Airbnb to get the address did you not have full check in details before arrival 

[Victoria1618]

@Helen3

The host was expecting me at 3pm. We had confirmed this the day before.

As I said in my OP, I was by now locked out of my account ( for signing in on the phone and using obv. an old password), so I did not have access to all the Host's details.

I DID have the address, and street view, and directions as screenshots. 

I did not have the host's phone number - I would have found that if I was able to sign into my account. 

As I again said, there were TWO addresses on the "You're Booked" page. THe first showed a street view and physical address ( 123 Acacia Road, etc), and that is what I had screenshots of. I never expected to get locked out of my account. 

I already said, too, that at the point I wasn't able to enter, I called Airbnb first, as I felt I didn't want a confrontation-type situation yet. I wanted to simply call Airbnb to check with them (hosts) first.

[Mark116]

@Victoria1618  It sounds like you may have gone to the wrong address, in which case, although you are of course free to sue anyone and everyone, it seems unlikely you would win anything.  I'm not sure why you would have thought contacting the host to confirm how/where to get into the unit would be a confrontation-type situation, but that also was your own decision.  

[Victoria1618]

@Mark116 Hi Mark,

No I wasn't at the wrong address. At first, there was a mix up. THIS IS NOT THE ISSUE.

The issue is that the house I arrive at ( real actual address around the corner from the first address incorrectly posted ) I could not get into. I could not get inside. 

And please don't gaslight me. I didn't HAVE the hosts number in the first place, so I HAD to call Airbnb. I would have done this anyway, as I like to deal with a non-partisan person first to avoid discomfort and interactional confusion.