AirBnB "Specialist" demanding we pay for damages we didn't cause!

[Ryan520]

Hi, 

We recently stayed at a beautiful villa. While there, there was an accident and a plant pot around the pool (super heavy one) was knocked over and went into the pool. This caused the plant pot to crack, and soil to come out and float all round the pool. We all felt awful and spent the penultimate day of the holiday trying to clean the pool, and scrubbing the entire villa clean. However despite various nets etc. we tried using, we couldn't get the soil out because it was too small and went through the nets; it was like dust. 

While also there, the host had left bleach on the ground by the poolside. This cause multiple of the towels (provided), bedding (provided) and the girls bikinis to become bleached when they feel off the railing onto the bleach (we didnt know it was bleach until things landed it in, and became ruined). 

We left the villa at 8am, and new guests moved in at 12 noon that day. Upon checkout we immediately notified the host's keyholder about the pool and damages. The following day, the host requested we paid 686€. (500€ cracked tile, 50€ IKEA towel + bedding, 50€ clean the pool + pool water lost, 84€ plant pot). As stated by the hosts the costs were all "estimates" and "it may be lower". 

This was the first we had seen of the damaged and cracked tile. With 8 of us looking for damage, and spending the entire penultimate day scrubbing the poolside, walls (dirty, not by us, but we wanted to make things look nicer as a sorry), cleaning villa etc. I think someone would have very clearly and easily seen this crack. I think the more likely story, is that it was caused when they tried to replace the plant pot (it was heavy and took 3 of us to lift it out the pool) 

Not only did we feel like that kind of damage should be covered by insurance anyway, but we'd already paid a £237.49 cleaning fee upfront, so didnt see why we should pay a further 50€ cleaning fee for the pool. The bedding + towels (of which its the hosts fault is damaged in our eyes - along with our swimwear) cost £4.84 from IKEA -> not 50€. The 500€ was an "estimate". We of course decline this payment with a very polite message to the host. 

The host immediately responded the following day stating her husband received an email about the damaged tile, stating "it will probably cost around 250€ as opposed to 500€". It literally halved the minute we refused to pay without receipts. 

56 days after the booking ended, the host opened the resolution centre and we got an email from a specialist called Melania. She stated she would gather information from both parties and make a decision on the case. She stated shed gather information from the host first and get back to us. 

In the meantime, we did some research about security deposits, and discovered via the support centre that the reservation had no security deposit. 

Anyway, yesterday (while still waiting to be contacted for our side of the story), we received an email back from the specialist. The email stated, in summary;

"Hi, 

You will have to pay X,Y,Z = 484€. Until you pay, your airBnB account has been deactivated. 

Regards,

Melania"

We were all a bit shocked. We were still waiting for the specialist to get in contact. I should also mention here that we were impatient and tried calling the support centre multiple times over the few weeks before receiving this email trying to get ahold of Melania. Support were useless and said they could not pass us through to the speciliast and that we would have to wait for a call!

So, that leads us to today. We have been demanded to pay 484€ on damages we do not think are fair, and the account the booking was made from has been deactivated until we pay the sum. 

So, I would like to know: 

1) Where do I go from here? We can't dispute if the account is deactivated? 

2) Can we be forced to pay for these damages? There is no security deposit, and the host is trying to rip us off. the £4.84 link for towel on the 50€ charge and extra cleaning fee + pool water fee of 50€ is proof enough of that

Thanks for all your help, 

Ryan 

[Kathie21]

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@Ryan520 wrote:

Have you ever had a girlfriend on a summer holiday? They shower, they did on the bed in their towel and dry their hair. The towel is we, the bed becomes wet. They might wear a bikini and think its mostly, dry, they sit on the bet, the bed gets damp.

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@Ryan520Only if they are 14 or a halfwit.  Seriously, the more you reveal about the antics of your party, the more I wish Airbnb allowed hosts to enforce a minimum age limit for guests.

[John1080]

@Ryan520, you seem like you're a nice person and that you aren't out to cheat someone, but I think you need to step up and just take responsibility even if part of it wasn't your fault.

We do not mean to personally criticize you, but I think you should do the right thing here and just pay it. Perhaps loan your friends the money and they can pay you back. With age and experience, people come to understand this. 

[Ryan520]

John, 

I think from the fact that she "guessed" it would cost 500€ and told us to pay, and then after, "guessed" again it would cost 250€ combined with the fact that she tried to charge us 35€ more for towels and bedding than actual costs shows this host was out to cheat us. 

I posted on here for some sympathy and help on host to deal with a host who's out to cheat young guests. She knows most of us are/were students, and is trying to rinse us for it. I dont take kind to that. 

If she had said "Not sure what it costs, ill get a receipt and forward it on", things might be different, but the fact she tried to charge us more than double the damages... I'd rather she get nothing for that behaviour. Thats not acceptable. 

[Mark116]

I don't see any evidence the host is trying to cheat you, in all probability airbnb is asking for less money than what the host requested and they may be losing money on these damages.  The host wants money for towels and bedding that you admit you damaged, even though you claim it's not your fault, for the cleaning of the pool, for the ruined pot, which you admit you damaged,  and for the cracked tile, which you claim you are 100% sure you didn't crack.  

[Jennifer940]

My god, you continue to dig your own grave. We have heard your side, every detail, and think you should pay.  You have stated you will not pay, will just create a new account, and continue to await sympathy. This is beneath you.

[Sarah977]

@Ryan520  The final year university students can afford a vacation in a nice villa with a swimming pool, but can't afford to pay for damages they caused?  The poverty stricken don't rent villas. Nor can they even afford a vacation. Your reasoning gets lamer with every post.

[Olivier291]

@Ryan520,

1) Where do I go from here? We can't dispute if the account is deactivated?

Unfortunately nowhere as per ToS you agreed by booking on Airbnb:

"15.4 Airbnb may immediately, without notice, terminate this Agreement and/or stop providing access to the Airbnb Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Airbnb believes in good faith that such action is reasonably necessary to protect the personal safety or property of Airbnb, its Members, or third parties (for example in the case of fraudulent behavior of a Member)."

2) Can we be forced to pay for these damages? There is no security deposit, and the host is trying to rip us off. the £4.84 link for towel on the 50€ charge and extra cleaning fee + pool water fee of 50€ is proof enough of that >>> YES per ToS too:

"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. 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, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable)."

"1.2 If a Host claims and provides evidence that you as a Guest have damaged an Accommodation or any personal or other property at an Accommodation ("Damage Claim"), If you agree to pay the Host, or Airbnb determines in its sole discretion that you are responsible for the Damage Claim, Airbnb Payments will collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms. Airbnb also reserves the right to otherwise collect payment from you and pursue any remedies available to Airbnb in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Hosts under the Airbnb Host Guarantee.

>>> hence we'd rather just make a new AirBnB account / book through others than pay €484: 

15.7 When this Agreement has been terminated, you are not entitled to a restoration of your Airbnb Account or any of your Member Content. If your access to or use of the Airbnb Platform has been limited or your Airbnb Account has been suspended or this Agreement has been terminated by us, you may not register a new Airbnb Account or access and use the Airbnb Platform through an Airbnb Account of another Member.

Since ID Verification became mandatory for any new Airbnb account (at least in Europe) it would be very difficult to go through the security process and still use the site.

See: https://www.airbnb.com/terms#sec19

[Ryan520]

Perfect!! Thank you so much, took 40+ replies to actually get something helpful and answer my questions!! 

Very much appreciated 🙂

[Helen3]

Wow @Ryan520

Why the sarcastic response?  You are a host and could have easily looked up this information yourself on Airbnb's Help Centre.

Or you could have asked Airbnb  yourself.

As a host I am suprised you don't know how the host guarantee works and assumed that if hosts don't have a deposit they aren't covered.

Instead you have been rude to people kind enough to respond,  because you didn't like what they had to say.

Your talk of closing your account to avoid the responsibility of having to pay for the damage caused by you and your friends says a lot about you.

Just because someone is still at university doesn't mean they shouldn't pay out if they cause damage. (you could of course just get the person/s who actually caused the damaged by their late night horsing around by the pool to pay for the pool damage) and those who damaged bedding  to pay for it.

[Jennifer940]

The terms of service match every bit of advice you got. 

[Branka-and-Silvia0]

 in 2 years of hosting some of our guests have done some damage. They all paid the amount we requested (if we requested) without any discussion. And we appreciate they did.

Most damage was caused by pure stupidity or alcohol .... seldom was just an accident !

It's nice of you that you've done what you could to clean up the mess but in this case that's not enough, there are still bills left to pay. Next time you should be more careful and you know it.

Here in Croatia is very very hard to find an insurance company willing to insure short term rental. And if they do then it is very expensive and the coverage for the damage done by guest is just 250€ / year max. None of my friends hosts have any insurance.

[Syl11]

@Ryan520  grown up with a swimming pool surrounded by organic vegetable gardens, fruit trees and giantic trees that shed so much leaves in seasons. Have lots of debris flying over the water during storms. Every pool owner have long fine mesh sticks that swoop up dirt, debris and leaves whilst the powerful filters does the rest daily, weekly. Bleech is always the hardest thing to moniter due to dangers to skin, environment etc so must be added days/week even before swimming. Its a difficult situation and accidents does happen whilst playing around a pool. We also have huge pots with small trees tip over its side around the pool during wild winds/storms and I lift it up with the tree trunks to reposition it. These are heavy very large pots position on the level land before the lifted edge around the pool so pots don't tip into the water when fallen over.

That is my experience with pools. 

If anyone is handy, its a matter of making some cement to repair the cracks for the pot, replace the tile. Don't stress. Talk to your host and find a solution.

[Syl11]

@Ryan520  Opps i meant chlorine is hard to monitor .....(not bleach).....not sure why the bleach was around, it was probably used for cleaning around the grounds pool area.....!!! I think the charges are for a new pot, gardener fees, cleaning fees, water fees, however you said the water wasn't muddy. chlorine fees.

[Mika8]

When I make a damage, I pay for it or MY insurance pay for it .. I don't expect that the insurance of the person of whom I made the damage has to pay for it.

[Sandra126]

@Ryan520, please let us know what the outcome of all this is, certainly has caught the interest of the forum.