Help - Resolution Center isn't working to resolve my claim

[Brandy106]

I'm a guest and I need the legal department as the resolution center didn't resolve my claim. This is NOT A relaxing Niagara Falls vacation home and I want my money back.

 

[Lisa723]

@Brandy106 the terms of service you agree to when using Airbnb outline your options for dispute resolution. They are small claims court and arbitration. See section 23:

https://www.airbnb.com/help/article/2908/terms-of-service

[Brandy106]

Thank you. I followed all of the expectations of me, but my host underperformed and so did the resolution center. I will review the link you provided and thank you for taking time to respond. 

[Anonymous]

@Brandy106  If you are unable to complete your stay due to the condition of the home, this article shows the conditions under which you might be eligible to get your unused nights refunded: https://www.airbnb.com/help/article/2868/airbnb-guest-refund-policy

A picture of the outside of the house would only help your case if the listing had an exterior shot of a literally different house. It's completely acceptable for an Airbnb home to be a normal residential house rather than a dedicated "vacation home," so that is not in and of itself a refundable issue. But if the rented space has provable safety and health issues, or is missing advertised amenities like heating, or is not located in the district the listing says it is, those would be the problems to focus your complaint on.

[Brandy106]

Sad to think that is photo isn't helpful in determining whether or not folks want to stay here, as I'm sure all would find it deceptive based on the interior photos being very different from this one and he blatantly left out the condition of the exterior of the house in the posting. There were other issues, including extortion by the host, and unsafe, inaccurate listing descriptions. I posted this image because IF you were driving 3 states away and 8 hours, you may have a different expectation of the house and neighborhood than what the listing appears to share and many, including me, would be sorely disappointed.  

[Anonymous]

@Brandy106   Airbnb doesn't require listings to contain exterior photos or descriptions of the exterior of the house, so there's no apparent violation there. If the descriptions are objectively inaccurate (for example, it lists 5 beds when there's only 1) it's definitely against the Terms of Service. But if other guests had been as disappointed by their stay as you, it should have been quite easy to glean that from the reviews.

If it happens that you're going to be the among the first guests to review this home, I guess it goes without saying what your big mistake was.

[Brandy106]

@Anonymous 

Several guests have reviewed positively. And no bad reviews. Here's why - the host uses extortion to avoid negative reviews by offering the $ back. That is how he handled me. Maybe stop assuming what isn't clear to you. And also ... maybe offering information to a "help" conversation but not offering help....is completely unnecessary.  

At the very least, it is "buyer beware" that they don't force exterior photos,  because no one would rent this place if there was full transparency from the beginning.  

[Lisa723]

@Brandy106 so you did not leave a review yourself, and got a refund? In that case what additional refund do you seek?

This is a public forum and when you post asking for help you are likely to get a variety of responses, some of which may differ from what you would prefer to hear. The information @Anonymous gave you is accurate and pertinent, regardless of whether it is to your liking.

[Brandy106]

@Lisa723 

I'm looking for a productive conversation and this is not it. 

The host said he would refund me the $ if I took down my bad review. The resolution center slapped his hand for extortion and I am continuing to wait on my refund and I am not taking down my review without it. If the only way to get my refund is to allow the host to continue his deception, mea culpa, but I want my money back. And my post was to ask for help in involving legal. Not for everyone to jab at me about how I messed up in trusting someone that didn't deserve it. 

[Anonymous]

@Brandy106   If you're looking for help or advice, it might help to ask a question.

[Brandy106]

@Anonymous 

Did ask for legal contacts. See original post.

[Lisa723]

@Brandy106 agreeing to remove your review in exchange for a refund was a violation of Airbnb's terms of service, so I doubt that anyone at Airbnb legal will help you with that, even if you could reach them. You might find that Airbnb would prefer to refund you than deal with a small claims court case. Hard to know.

[Brian2036]

@Brandy106 

You can get a response from Airbnb by filing a complaint with the Better Business Bureau.

 The Legal Department exists to deal with lawsuits against Airbnb, not against hosts or guests. They do not provide contact information to the public.

You will probably be contacted by legal staff if you file a complaint in small-claims court.

[Lisa723]

@Brian2036 FWIW that was not my experience. Airbnb never responded at all to my small claims court claim, so I won by default-- they did pay when I sent them the judgment letter and demand to pay.

[Brian2036]

@Lisa723 

Interesting that they didn’t bother to respond at all.

 I can see why they wouldn’t want to send someone to make the court appearance but I would have expected them to make a settlement offer without admitting any guilt.

So, if this is standard practice, I guess we do have an effective security deposit equal to the small claims limit in our jurisdiction.

Thanks for this information. I hope I never have to use it.