Why I get penalty after I cancelled an instant booking against my house rules?

[Z-2]

I just cancelled a reservation. That's the first cancellation I had. The guest booked our house using instant booking. He will bring a dog. He gave me an inquiry about that. I was just about reply No and he booked (only 4 minutes after he submit an inquiry). Our house rule clearly states NO pet policy. Then I replied him we can't accept him because of that. Then I proceed to cancel this reservation. 

When I cancelled online, there is no selection as "Against house rules", so I picked "Others" and write "they will bring dog and I have no pet policy". But it says I need pay $50 cancellation fee. Why? Anyway, I still cancelled it, thinking the earlier cancel, the better for both of us.  But because of this,  I not only get $50 penalty, they also block my dates. But why, I think it should be penalty-free. From this article: "How do penalty-free cancellations work for Instant Book hosts?"
https://www.airbnb.com/help/article/2022/how-do-penaltyfree-cancellations-work-for-instant-book-host...
it says:
"Hosts who have Instant Book turned on for their listing can always cancel, without penalty, if they’re uncomfortable with a reservation.

Some examples of when a host can cancel penalty-free include:

The guest has several unfavorable reviews that concern the host
The guest hasn’t responded to questions the host needs to know about their trip
The guest makes it clear they’ll likely break one of the host’s house rules, like bringing a pet or smoking"

So I am uncomfortable with this reservation because he will bring a dog. It should be penalty-free cancellation. 

I called Airbnb (waited a long time), the Airbnb lady insists I just can't cancel any reservations  on guests. If I do, there is a penalty and date block. She said the only way I can prevent this is turn "instant booking" off. Is there something wrong here? It seems unreasonable at all and against their own policy. Thanks!

[Z-2]

I am a new host. I originally thought, with "instant booking", we can cancel it within 24 hours after instant book. Am I wrong? Thanks for any help!

[Hilary79]

It is my understanding to cancel an instant booking such as this is that you need to call customer service and tell them that you are not comfortable with the reservation. I understand you can do this up to three times per year if you have instant booking turned on. There is not a 24 hour grace period.

I would recommend taking a look at the terms of service. I understand this policy is outlined there.

By the way, in the future expect guests to sneak in pets and refer to them as an emotional support animal which you have to accept with no pet fee.

[Z-2]

@Hilary79 Thanks for the information. I didn't know I have to all. At the time, I just think cancel quickly is better. But from the article I have link above, seems I should be able to cancel online for 3 times. It just I don't see the “I’m uncomfortable with the reservation or the guest has broken my House Rules” selection as the article states there, then I selected on "Others" and write down the reason. Might be the system don't recognized as valid reason?

[Debra300]

@Hilary79,

Thanks for pointing out that some guests may claim that a pet is an emotional support animal. A guest's declaration of their pet as an emotional support animal is not enough to entitle them to federal protections for housing and traveling with the animal.  The animal must be properly registered, and the guest must have a prescription letter from a licensed mental health practitioner for the emotional support animal.

[Sarah977]

@Debra300  Not according to Airbnb policy.

[Debra300]

@Sarah977,

Yes, I know, but that doesn't mean that the law is on their side, because Airbnb's inclusion of emotional support animals (ESAs) is contrary to the US federal ADA (Americans with Disabilities Act) classification of a service animal.  Other countries will have their own laws regarding service animals and emotional support animals. 

This is what I found on the ADA's FAQ: https://www.ada.gov/regs2010/service_animal_qa.html

Q3. Are emotional support, therapy, comfort, or companion animals considered service animals under the ADA?

A. No.  These terms are used to describe animals that provide comfort just by being with a person.  Because they have not been trained to perform a specific job or task, they do not qualify as service animals under the ADA.  However, some State or local governments have laws that allow people to take emotional support animals into public places.  You may check with your State and local government agencies to find out about these laws.

Q4. If someone's dog calms them when having an anxiety attack, does this qualify it as a service animal?

A. It depends. The ADA makes a distinction between psychiatric service animals and emotional support animals. If the dog has been trained to sense that an anxiety attack is about to happen and take a specific action to help avoid the attack or lessen its impact, that would qualify as a service animal. However, if the dog's mere presence provides comfort, that would not be considered a service animal under the ADA.

Additionally, hosts are allowed to ask only two questions to determine if an animal is a service animal:  (1) Do you need the animal because of a disability? and (2) What work or tasks has this animal been trained to perform?  The second question is the key:  If the person is unable to identify the work or tasks that the animal has been trained to perform, then the animal is not a service animal.

Since an ESA is not considered a service animal within federal classifications, the same protections are not extended to them and their handlers.  So, Airbnb would be breaking the law if they try to force a host to accept a guest with an ESA, or if they apply a penalty to the host for refusing to accept the reservation.

[Lisa723]

@Debra300 Airbnb is completely within its rights to extend ESA protections not required by law, and to decline to list the properties of hosts who choose not to comply. Hosts who don't want to allow ESAs are not any kind of protected class. Airbnb could also choose to only list properties that allow pets, or livestock for that matter, or are painted red.

I'm not defending Airbnb's policy (I don't like it, personally) but it's no kind of legal violation.

[Debra300]

@Lisa723,

Thanks for your response. Yes, Airbnb can consider ESAs as service animals, but their policy only states the criteria for accepting a service animal.  They do not list the types of answers to the two questions which would vet out (no pun intended) when a supposed ESA can be denied. The information from the ADA exemplifies what is legally considered a service animal. 

I wouldn't want to be the test case, and personally would not pursue it, but I do believe that a host would prevail in court if s/he followed the federal guidelines, and chose to contest a penalty issued by Airbnb for this breaking this policy

[Lisa723]

@Debra300  Airbnb doesn’t attempt to redefine the legal term “service animal.” Airbnb just chooses to list only properties that allow animals if the guest calls them an ESA. There are booking sites that list only pet-friendly properties. Do you think that is also somehow illegal?

The argument that because US law doesn’t require accommodations to allow ESAs, therefore Airbnb must be required to list properties that don’t on its platform is illogical.

[Debra300]

@Lisa723,

Nope, not my point at all.  I am saying that a host has a right to ask those two questions, and if the guest provides responses that don't meet the classification of an ESA, they should be allowed to deny the animal without penalty.

[Lisa723]

@Debra300 sure according to Airbnb's policy you can ask those two questions, but since their policy says ESAs "are not required to be trained to assist an individual in a particular task" and the classification includes "comfort animals" pretty much any pet qualifies.

I think the policy is ridiculous and I think hosts "should" be allowed to decline ESAs outright. But that's just an opinion, like yours.

You said "Since an ESA is not considered a service animal within federal classifications, the same protections are not extended to them and their handlers.  So, Airbnb would be breaking the law if they try to force a host to accept a guest with an ESA, or if they apply a penalty to the host for refusing to accept the reservation."

This is illogical. Of course Airbnb can't force me to accept an ESA (or do anything else for that matter). But they are free to decline to list my property if I don't. Airbnb is perfectly free to institute terms of service that extend protections beyond federal law, as long as they don't break federal law. And there is no law that compels STR booking platforms to list properties that don't allow ESAs. 

[Costa2]

Plenty of people now have allergy causing by dogs and other animals . We have to respect people with allergy. Why there is a discrimination against people with allergy.

[Costa2]

There is plenty of people may simply die , if they come to the property where dog stayed for some days. Why airbnb doesn't respect people with allergy and other healthy issues? Why we have to put pets first, not people? 

[Susie0]

https://www.airbnb.com/help/article/2022/how-do-penaltyfree-cancellations-work-for-instant-book-host...