Guests Obligations when Booking

[Ian-And-Anne-Marie0]

So much aggravation is generated by Guests not fulfilling their Airbnb Membership obligations set out in the Airbnb Terms of Service, that I've whittled the Terms of Service (Europe) down to a short concise format of action/consequence.

For those guests who have never read the Terms of Service or any other types of Rules on Airbnb might want to skim over this post. This is for your benefit.

Mostly it reads:

- Booking accommodation is legally Binding

- Read all the Rules including House Rules and adhere to them as they form part of the legal agreement

- Leave the Accommodaton in the same condition it was in when you arrived

- Damage must be paid for.

- Leave promptly on the agreed check-out time.

The location of these Terms is here:  https://www.airbnb.co.uk/terms#eusec201910_8

8.1 Terms applicable to all bookings

8.1.2  Upon receipt of a booking confirmation from Airbnb, a legally binding agreement is formed between the Guest and theHost,

subject to any additional terms and conditions of the Host that apply,

including in particular the applicable cancellation policy and any rules (House Rules) and restrictions specified in the Listing.

8.2.2  You agree as a Guest to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host.

If you stay past the agreed upon checkout time without the Host's consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law.

In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host to make you leave.

11.1 As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived.

As a Guest you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, 

11.2 If a Host claims and provides evidence that you as a Guest have culpably damaged an Accommodation or any personal or other property at an Accommodation, the Host can seek payment from you through the Resolution Center.

A Member’s right (Guest or Host) to take legal action before a court of law remains unaffected.

Lets make this Airbnb platform a place where Guests and Hosts are mutually respectful.

[Helen350]

@Ian-And-Anne-Marie0 And yet these boards are full of incidents where Airbnb failed to enforce their own rules, & where hosts are scared to enforce rules, lest the guest retaliate, & at best write an untruthful 1* review, or at worst fabricate lies which get the host banned from the platform. What to do?

[Alex-And-Rhea0]

I hope I'm right when I say that when Air Bnb realises that we mean business they'll come to the party.  They'll simply have to because it's in their interest.  They've had to reimburse destroyed property and damages too many times. Of course, they also use these circumstances for self-promotion.  They still haven't understood the value of mitigation.   Let's face it there are many hosts on this Customer Support Forum who are more experienced than Air Bnb staff when it comes to solutions. Having said that I am grateful to Airbnb who have provided this opportunity to learn from other more experienced hosts.

[Ian-And-Anne-Marie0]

@Helen350 

Facts are facts.

There's no need to rely on any failure to enforce rules, or retaliation. Don't stand for it.

"A Member’s right (Guest or Host) to take legal action before a court of law remains unaffected."

[Kelly149]

Ah yes @Ian-And-Anne-Marie0  but keep in mind that a host would have to know a guest’s legal name & residence in order to subject them to a court of law. 

I also often wonder what would happen in the case of guests coming in from outside the host’s country. Likely to not succeed in any kind of judgment then I think. 

[Ian-And-Anne-Marie0]

@Kelly149 That isn’t a problem. It is a legal requirement in the UK to register all guests in an accommodation and require ID if necessary. Many hosts don’t do this, but it is a legal requirement none the less.

[Alex-And-Rhea0]

@Ian-And-Anne-Marie0 Hi! It's the same legal requirement here in Japan and a Hotel License is also required to run an Air Bnb license.  We are required to keep Passport Documents and although at first, it seemed a hassle I realised that it is a good way to notify Police if there was serious damage concerned. Thankfully we haven't had that experience.

That legal requirement to register all guests should be a requirement in the USA which I believe would alleviate many of the problems that are mentioned in this CS forum.

[Ian-And-Anne-Marie0]

@Alex-And-Rhea0 

In the UK the legislation requirement is the Immigration and Hotel Records Order 1972.

Wherever in the world you are there is nothing to stop any host from stating in their house rules that guests must be registered and have ID in order to stay at any accommodation. 

Providing that you are an on-site host there's no problem in obtaining this, the same would be true if you have a local representative. It might be difficult if you only provide a remote key code.

For remote key code access I would suggest to use Airbnb for what it is. A booking platform. They have a facility to "add a guest to an itinerary". I make this a requirement of booking as well as guest registration on arrival. Between guests booking and arrival I remind the booking guest that this is a booking obligation and send details how to do it. Most manage to register 60% of their guests. The guest registration sweeps up the rest and makes the booking obligation complete. A Hosts' booking requirements can be made such that ALL guests need to be registered with Airbnb via their guest itinerary facility, so there would be a specific solution.

[Alex-And-Rhea0]

"It might be difficult if you only provide a remote key code." Spot on! Therein lies the problem for many people.  You can't run a hospitality business on remote-IMHO.

We meet and greet our guests and run them through how everything works in the house.

We provide a vehicle and require them to upload the International Driver's Permit to make sure it complies.  They are only good for one year.  Recently one fellow  Aussie uploaded a permit that was 20 years old!!:))  Many people don't do their due diligence.

 Interesting that you mentioned, "A Hosts' booking requirements can be made such that ALL guests need to be registered with Airbnb via their guest itinerary facility, so there would be a specific solution."

Although our Description states we are licensed to accommodate 5 people, a couple of times we get the sixth person showing up.  So the "specific solution" you mentioned is an excellent deterrent.  Thank you very much for that!  It's been a pleasure communicating with you.

Kind regards,

[Alex-And-Rhea0]

@Kelly149 Hi!  I've been lurking on this Forum recently and find it very interesting and learning a lot from my fellow Air Bnb hosts.

I'm curious, but what are your Legal Requirements about registering your guests?

We are required to have a Hotel License to operate an Air Bnb business here in Japan.  It is a simple document that is issued by the Health Department in conjunction with the Fire Department and is obtainable once you have met their requirements.

  We are now legally required to keep Id. from Japanese Nationals -e.g., Driver's License or  Passports from Foreign Nationals.

The recently established  National law has changed the spectrum of our guests from sometimes aggressive, disrespectful to respectful, and friendly guests.

I realize that things in the USA are different from the Federal level to the State level, but establishing ID before checking in I believe, would minimize the problems encountered in the USA.

That's where Air Bnb and your Congressman can help. 

[Ian-And-Anne-Marie0]

@Alex-And-Rhea0 

The recently established  National law has changed the spectrum of our guests from sometimes aggressive, disrespectful to respectful, and friendly guests.

That right there... the removal of anonymity is the the key factor I feel.

cc. @Kelly149 

[Alex-And-Rhea0]

@Ian-And-Anne-Marie0! YES!!  That removal of anonymity has given me more confidence in being direct and concise in my requirements from the guests, particularly in the early stages of Inquiries and Acceptance. 

Furthermore, I've been able to concentrate on being more helpful and relaxed with the guests when they arrive.

[Ian-And-Anne-Marie0]

@Kelly149 

Things might be different in your part of the world regarding borders, but in the UK outside of London I'd guess that pretty much of lettings are to European guests. Making legal claims within this jurisdiction shouldn't be an issue.

Maybe legal claims against guests from other continents might be a little more difficult, but having the identity of who your guests are is key in any action you ever may wish to take.

[Alex-And-Rhea0]

@Ian-And-Anne-Marie0  Thank you!

Brilliant! Concise!  Exactly what I needed to make people aware of their responsibilities.

"Lets make this Airbnb platform a place where Guests and Hosts are mutually respectful." I love this too!!

[Ian-And-Anne-Marie0]

@Alex-And-Rhea0 

Although our Description states we are licensed to accommodate 5 people, a couple of times we get the sixth person showing up. 

"Sneak Ins" is the usual description. A regular complaint by Hosts and it's simple fraud on behalf of guests.

We accommodate 8 and always charge for 8, If more guests turn up during the rental period and stay over unauthorised, the booking guest is in breach of contract and on a simple level the whole group is liable for eviction for breaking house rules and will not be refunded.

Some accommodations who may be able to accommodate 8 but take a booking and payment for say, only 4, then further guests arrive, the further guests are unauthorised. They would place the group in breach of contract as well as being liable to the "extra guests" charges as listed in the "extra charges" section of the listing details. It is the whole group who will be at risk of eviction in this situation. The group COULD inform the host of the extra guest(s) and pay the due fees prior to the Host finding out - or they run the risk of being found out.  If they are found out then the consequences would possibly be greater than just an additional guest fee .

Possibly, this is the main reason why so many Hosts resort to CCTV surveillance.

Unauthorised guests cause issues in all sorts of other ways, for instance:

- Breaking maximum occupancy rate risks local planning permission.

- Undisclosed guests can void home insurance and put hosts in breach of local/national legislation.

- Breaking maximum occupancy rate can exceed accommodation amenity capacity.