Guest damaged my property and unable to claim Host Guarantee

[Darius9]

I had one guest damaged my property on the 16/10/17. He used the washing machine carelessly and flooded nearly half of my apartment. My small apartment is made of 80% carpets and most of it has soak up the soapy water. My carpet has been damaged and producing bad smells. 

I have contacted and notified one of the Customer Experience in regards to my situation, and I was advised to put on a temporary fix (e.g. drying the carpet and spray carpet deodorant) for the next guest to check-in. I also given another option where I could've cancel the next guest reservation without any penalty since my property has damaged by the current guest. As far as I concern that if I were to cancel the next guest reservation, I will be giving hard time to Airbnb looking for alternatives for this guest at the very last minute. So I decided to put on a temporary fix and the Customer Experience had assisted me to contact the next guest to check-in at a later time.

10 days later, I had filed a money request through resolution centre and there is no response from the guest. So I've decided to involve Airbnb and claim the host guarantee payment. I then received an email from trust and safety department stating that I am not eligible for the claim because I did not notify Airbnb and file a Host Guarantee Payment Request form within 14 days after the responsible guest check-out or next guest check-in, whichever earlier. 

I've called them up again and the same person who emailed me says that I've notified and submitted my claim on the 26/10/17, but the next guest checked-in on the 16/10/17. So I am not eligible for the Host Guarantee.  

The borderline of this issue is that I've informed and notified Airbnb Customer Experience on the same day where I found my carpet was flooded. As a Customer Experience, they should know what to do for not putting host into a bad situation nor being treated unfairly.

Under https://www.airbnb.com.au/terms/host_guarantee

IV. Conditions to the Airbnb Host Guarantee

You must inspect the applicable Covered Accommodation to determine whether there are any physical losses or damages to any Covered Property and notify Airbnb of such losses or damages within the earlier of (i) fourteen (14) days following the date of termination of the Responsible Guest’s booking of the applicable Covered Accommodation or (ii) the date by which the next subsequent booking of the same Covered Accommodation begins. You can notify Airbnb either by opening a claim in the Resolution Center or by contacting customer support directly.     

Feel free to comment something below.

[Branka-and-Silvia0]

@Darius9

in theory you are right, but in practice is always better to have everythig in written. Representative you spoke with obviously didn't adviced you how to make a damage claim and did not put a note about this accident anywhere in the system, so it's like your call never happend. Can you get any proof that you called ABB on time? List of your phone calls from your telecom? 

Unfortunatelly, once ABB makes decision and your case is closed it is very unlikely they will open it again, but you can try. 

[Darius9]

Hi Branka and Silvia,

Thanks for your comment.

Yes I have proof and it was all documented. Even the customer representative did sent me an email on the day itself in regards to the next guest check-in due to the inconvenience.

It is funny when I have everything on hand done properly yet they said NO. 

[Miguel326]

Even when you do all this they wash their hands off, they will pretend they are useless and stupid just to get away with not paying. In the end our safety is being put at risk by airbnb for allowing dangerous people to be on their website.

[Anne405]

I am a week into my nightmare or damage, feces, fear.    Why is this allowed to continue?

[David126]

Could you explain what you mean by using the washing machine carelessly? I do not let guests use mine but not sure how anybody could cause a flooding whatever they did.

My first thought would be to claim under your own Insurance, the 'Host Guarantee' is both very limited in its scope and difficult to claim against.

[Darius9]

Hi David,

The guest did not place the drainage pipe into the drain as per instructed prior using the washer. Even big notice has been attached on the washer. How can you miss that? It’s just like you run through a red traffic light and get a fine.

[Anne405]

David--Your insurance WILL NOT COVER YOU if you have damage from a guest.  I have learned a lot about this this week.   I went to the state insurance people who sent me to a broker when I found my umbrella policy is of no use and in fact if I make a claim, my homeowners likely to be cancelled entirely.   The broker said he has one company--ONE--that will cover damages from short term rental guests and they want about 1700 a month.  

Look into this.  You will see I am correct    It is scary and was shocking to me. 

[Susan--HostyMosty-0]

Hi Darius,

I had a guest crack my glass cook top and filed a claim. Airbnb wouldnt cover it because it was a shared space...I subsequenlty had to restrict guests from using the cook top all together to prevent further damage...which probably affects my bookings 😞

[Darius9]

Hi Susan,

I don’t see why you unable to claim. It did not mention anything in their terms and conditions that you unable to claim if it’s a shared space. Why do even Airbnb introduced shared space if they are not providing any guarantee to the host? This is very deceiving and making people to stay away from Airbnb and stick to government residential act. 

[Anne405]

I found an excellent blog about how the reviews are just held like a hammer and their attitude is free market, hands off.   The "guarantee" is just words.  

[David126]

I would imagine it was due in  Susan's case due to the Guest not agreeing that they did it and no way of substantiating who did

With regards to @Darius9's claim the problem I see if the 10 day delay and whether the initial contact could be described as making a HG claim.

I did look at the listing, looks like a modern apartment, but the Washing Machine sounds like one my Granny had which she would pull out for wash day and stick the outlet in the sink?

[Darius10]

.

[Fred13]

@Darius9A real unfortunate event and really the best of luck with this matter.

May I point out one thing, which David alluded to. You have a washing machine ~system~ in which is indeed a potential disaster just waiting to happen. Sooner or later, ~someone~ will forget to do the VERY important, potential-disaster step of the water drain, and sure enough it happened. The step requires not only explanation, but remembering and even actual monitoring, a tall order for some guests. The point is - eliminate anything, that is not a must, in a place that one rents that is a classic candidate for something serious to happen.

[Darius9]

@Fred13 @David126

Thanks for your comment.

You got a point there. However, this is a very subjective issue based on your comment. If we were going to argue about what has happened, no doubt Airbnb would've said the same thing to defend themselves for not paying host any single cent. Who would willing to fork out money from their own pocket anyway - common sense? 

As for my situation, a hand-written notice has been attached prior using the washer. It has also stated in the house rules attached together with my welcome gift pack. For the record, I never have any guest used the washing machine carelessly during the lifetime as a host. 

This is the same argument can be applied to every mechanism in our life.

Situation A

A guest has damaged a towel by wiping off their make-up stains and unable to be washed off. In this case, the towel has to be disposed and needs funding for a new towel. Despite "DO-NOT's" hand-written notices and house rules has been attached in the property because its a recognised issue and host did their best prevention. However, this guests somehow ignored them. Who would be liable to pay for the replacement of the towels? 

Situation B

A guest has damaged the surface of a leather sofa due to part of their garments/accessories has sharp damaging surface (belts, party uniform, etc) on it. This can be considered a rare case but NO notice has been attached stating that certain clothing are not allowed to wear them on the couch, because it's something that host will not be expecting. Who would be liable to pay for the repair of the sofa leather?

Situation C

A guest has stolen a TV from a "entire place" listing. Police report has been filed against the responsible guest. However, the guest being denial and said there was no TV prior checking-in. Do you ever put a notice stating that "DO-NOT steal furnitures"? Who would be liablbe to pay for the replacement of TV? 

All of the above situation will have their own defense in both host and Airbnb. Airbnb could've said the same thing as you did, "waiting for it to happen".

Just because the towels is there, so it's our fault for guest to have a involuntary action to wipe off their make-up? Why not we just eleminate this issue by not providing towels and be a five star superhost?

Just because there is a comfortable leather couch for a guest to sit, so it's our fault not purchasing anti-damage couch? Why not we just buy a cheap fabric couch, replacing other furniture to a cheap second-hand and good luck getting wonderful reviews and providing amazing Airbnb experience.

Just because the TV is there which sought to be much more valueble so it's our fault for raising the urge and temptation for the guest to steal them? Why not just get rid of any electronic devices and bring your own TV.    

But don't forget that all these "possibilities" can be anywhere and anytime. If you are going to argue any of the above situation due to its "potential" and "possibility" to occur and put the blame towards host, Airbnb is entirely placing us at the most vulnerable state. Host will have no protection against anything because all of these argument will be a rip-off. Then I will say, what a wonderful marketing strategy for implementing such "Host Guarantee" to convince more host out there getting their property trashed.  

All of the above situation is an entirely different thing to an 24 karat gold ring being placed in the property and got stolen by the guest. 

As a guest making a reservations via Airbnb, that means Airbnb must be responsible for any incoming guest to the host. By law, they are guest from Airbnb, a consumer of Airbnb service. Same goes to the host, where Airbnb must be a responsible mediator to provide accomodation to the guest. When Airbnb providing such service to host and guest, they are playing the most important role to connect both host and guest together. Any action caused by the guest will be responsible by Airbnb, same goes to the host. 

We used Airbnb because we are convinced that their guest is "qualified" to stay at someone's place, be responsible and follow the house rules. That is why all these house rules system has been implementing in Airbnb.