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?