Personal belongings misappropriated or disposed by the host

[Denys33]

Dear community,

Over the past couple of months I have been pleading with Airbnb to help solve a problem that arose due to my sudden departure from China in early Feb because of Coronavirus outbreak. In a nutshell - I left airbnb property in China without checking out and still left some valuables there as I was planning to return in a few weeks later once the outbreak settled down. Later, when I was in Thailand, once I realised the epidemic will last a long time, I tried to work out a solution with airbnb and the host on how to temporary freeze or cancel and later restart my booking in order to avoid paying for the property I wasn't using. Eventually airbnb went ahead and cancelled the booking in accordance to their new exceptional cancelation policy, but did so without consulting the host first (even though in all message threads they promised to do so multiple times + me wanting to exercise cancelation option was conditional on them consulting the host first and the host agreeing to this as I still had the keys to the property and my personal belongings were there). This (un-consulted cancelation) infuriated the host (though I have informed her from the start I am discussing this option with airbnb and she should expect to hear from them soon) and from that point on she refused to communicate with me and refused to allow me (or my friend in China) to collect my belongings (worth 3.3K GBP) when they were still at the property. Main reason  the host refused to allow me to collect my belongings was that she kept them hostage while trying to extort extra money for the loss of rent that the cancellation caused as well as emotional / inconvenience impact. I have refused to pay what I felt were unreasonable charges and suggested the host to have a discussion with airbnb first. Some time passed (during which I kept pleading with the host to allow me to collect my belongings). Later airbnb came back agreeing with me that extra charges the host was trying levy were not justified, BUT saying the host already “disposed” of my belongings and they cannot do anything about this. I am not a legal expert nor can I claim to understand all policies that govern host/tenant/airbnb relationship, but from purely ethical and common sense stand point my conclusion is a) airbnb’s failure to consult the host and do what is right for all parties caused this conflict in the first place b) the host acted unethically when out vengeance or for profit or both decided to either destroy or misappropriate and sell my personal belongings. I tried to seek compensation from airbnb as well as getting them to take action against the host, but never received any sort of comprehensive reply that addressed my grievance. Please help.

Thank you

[Sarah977]

@Denys33  Let me get this right- you left the property and the country, and took the keys with you (which are the host's property), without notifying your host of your departure? Then tried to cancel the reservation, even though all your belongings were still in the host's property, and expected the host to just hang onto them until your friend came to pick them up? And you consider the host to be acting unethically?

[Denys33]

The host was notified before I left the country. As I mentioned in my post my cancelation was conditional on airbnb discussing and agreeing this with the host first. There was no need to hang onto to belongings (which by the way was just a small luggage and a few pieces of clothing) as they could have been picked up immediately after the cancelation by my friend, but the host refused for the reasons mentioned in my post.

P.S. no need to mention that my departure at the time wasn't a frivouluose one as just the night before I received advice from my government to leave the country and most of the flights in the city already been cancelled.  

[Mike-And-Helen0]

@Denys33 how was small luggage and a few pieces of clothing £3,300 ?

[Denys33]

@Mike-And-Helen0 

Bulk of  the value comes from high-end DSLR and lenses. This and other items are valued at their original purchase amount, but even if you take off 50% “amortisation”, it’s still a significant amount.

Thank you

[Jessica-and-Henry0]

@Denys33 

If you want to see what *unethical* looks like, take a good long look in the mirror. 

You've got a lot of nerve thinking the host owes you anything..... considering how you basically stabbed the host in the back with the cancellation WHILE expecting free storage until it was convenient for you to arrange for pick up. YOU are the one that "skipped out". 

[Denys33]

With all due respect I am not following your reasoning. Booking was cancelled by airbnb according to their policy. Most importantly all throughout this process I was in communication with both airbnb and the host to make sure airbnb consults the hosts before taking this step, which they didn't and just went ahead and made the cancellation. 

[Jessica-and-Henry0]

@Denys33 

If you leave *valuables* at the listing, that means you are using it, meaning you have to pay. Whether you are there in person or you just use the space for storage is your problem. If Airbnb did something you did not approve, then you should have done whatever possible to make it right with the host, not claim she's "extorting" you or think Airbnb is going to swoop in make it all better for you. 

FYI, Airbnb is not required to consult a host before cancelling on behalf of a guest (and therefore never does). If it is the intention of the guest to cancel, neither the guest nor Airbnb need any kind of agreement or approval from the host - the cancellation will just happen, and the host has absolutely no say in how it is processed, or how much is refunded and is at the mercy of Airbnb.

It doesn't matter what you THINK you did - fact is, you left the country with the keys, cancelled, got money refunded back from Airbnb that you don't deserve to get back, then refused to pay the host while expecting free storage. Simple~ 

[Denys33]

Hi Jessica and Henry,

My comments below:

“If you leave *valuables* at the listing, that means you are using it, meaning you have to pay. Whether you are there in person or you just use the space for storage is your problem.”

1. You might be right, but to me it wasn’t that clear cut that’s why I wanted airbnb to arbitrate in this matter as I only had their exceptional cancellation policy to go by and had no notion of other arrangements they might have with hosts in this situation (e.g. if hosts will be compensated or not). And if they (airbnb) say the cancelation cannot be backdated or I should pay for the time my belongings were at the property then of course I will.

“If Airbnb did something you did not approve, then you should have done whatever possible to make it right with the host, not claim she's "extorting" you or think Airbnb is going to swoop in make it all better for you.”

2. Mine and the hosts contractual relationship is with airbnb and though of course I do and did my utmost to work things out with the host, but there will always be disagreements and airbnb’s arbitration will be required as it did in this instance.

“FYI, Airbnb is not required to consult a host before cancelling on behalf of a guest (and therefore never does). If it is the intention of the guest to cancel, neither the guest nor Airbnb need any kind of agreement or approval from the host - the cancellation will just happen, and the host has absolutely no say in how it is processed, or how much is refunded and is at the mercy of Airbnb.”

3. Thank you for sharing this insight, I didn’t know this. What I knew, however, is that in all my communications with airbnb all case managers assured me multiple times they need and will consult the host first.

“It doesn't matter what you THINK you did - fact is, you left the country with the keys, cancelled, got money refunded back from Airbnb that you don't deserve to get back, then refused to pay the host while expecting free storage. Simple~ “

4. Regarding not deserving and free storage see point 1. and once again what I deserve and should pay for is dictated by airbnbs policies, decisions and arbitration judgements which they have made and I acted accordingly.

Happy to answer any further questions you might have regarding this case, but to your knowledge if I am not satisfied with how airbnb dealt with this complaint what else can be done in terms of its escalation as I think ultimately both hosts and tenants can greatly benefit from improved service that airbnb can offer?

Thank you

[Sarah977]

"Just a small luggage and a few pieces of clothing"

"My belongings (worth 3.3K GBP)"

What was in the luggage, gold bricks and diamonds? Whatever it was, smart travelers take their valuables with them, they don't leave them in someone else's home and leave the country.

[Denys33]

Hi Sarah,

I had photo equipment (yes, fairly heavy) and a few pieces of clothes. As I mentioned I was intending to return to the property in a few weeks in the meantime of course continuing paying for the property. As a side note I was a long-term tenant at the time already stayed almost 5 months in the property. My intention was to actually continue staying further 7 months in the property once epidemic in China got under control (right about now) which is why I tried to work out a compromise with the host and airbnb in terms of possible temporary rent freeze or reduction or cancellation and then new booking. So even if you look at the situation from rational and financial perspective it was actually not just in mine but in the hosts best interests to reach short-term compromise (which I tried believe me) rather than having to face current situation of me being deprived of my possession and the host (who manages the property remotely) very likely not being able find tenants for quite some time. Happy to continue discussing this further, but to your knowledge is there an escalation processes within airbnb if I am not satisfied with the outcome from resolution centre?

Thank you

[Mike-And-Helen0]

@Sarah977 you got there before me!

[Mike-And-Helen0]

@Denys33 given that you chose not to communicate with your host when you left, and took their keys, perhaps you should claim for this very valuable photo equipment on your insurance?

It sounds like you are trying to get something for nothing, and at the moment when so many people are dying, it is not a good look.

[Denys33]

@Mike-And-Helen0 

Once again thank you for your suggestion. See my comments below:

“given that you chose not to communicate with your host when you left, and took their keys, perhaps you should claim for this very valuable photo equipment on your insurance?”

I did communicate with the host when I was leaving the country and throughout the process. I have looked into insurance option, unfortunately they are not able to compensate for this.

“It sounds like you are trying to get something for nothing, and at the moment when so many people are dying, it is not a good look.”

1. This issue arouse well before the current scale of the epidemic.

2. See my other comments on the thread as I really don’t see in what way I am trying to get something for nothing. Ultimately all I wanted is my belongings back (when I could have collected them if not for the host plainly refusing to allow my friend to collect them) and am/was willing to pay all fees that airbnb would deem reasonable I should pay vs the hosts demands.

[Ute42]

.

@Denys33 

To make a long story short: I think You can just write off all Your belongings.

The only other option I  see is to sue Your host in China and go through the chinese legal system.

Good luck.