PLEASE HELP! AirBnb Ridiculous Extenuating Circumstance Policy - Super Host Here - FRAUD!

Eric-and-Brooke0
Level 4
Saint Petersburg, FL

PLEASE HELP! AirBnb Ridiculous Extenuating Circumstance Policy - Super Host Here - FRAUD!

Hey everyone!  We are trying to reach out to other hosts to help us with a situation we are currently dealing with.  We are Super Hosts and have a strict cancellation policy in place due to several instances in the past where guests have canceled last minute and we were not able to re-book those dates.  We are consistently 95% booked all year round, hence the strict cancellation policy.  We had a guest book $1450 worth of dates but then cancel well beyond our strict cancellation window.  The guest was refunded half of the reservation per our strict cancelation policy.  He then reached out to me asking for a full refund.  I told him that I would consider this request IF we were able to re-book those dates with other guests.  The dates that he originally booked were the only open dates over a 3 month span and we were not able to re-book due to it being a last minute cancellation. So instead of being out $1450, we were out $725.  The guest still requested we give him the remaining refund because he had to cancel this reservation because a continuous education class he was going to attend was cancelled.  I appologized to the guest, but told him that I think it is fair that we split the difference because I was unable to book these dates, and was still ultimately losing money because of his cancellation.  The guest then escalated the case to Airbnb.  

 

I received a phone call almost 2 months after this reservation from an Airbnb representative stating the guest is still requesting the full refund.  I stated that this was almost 2 months ago and had no idea this was even still an issue because 1.) the guest agreed that a full refund would be considered if I booked those dates, 2.) I was protected by the strict cancellation policy, and 3.) the amount of time that has passed.  The representative (Hazzle) was extremely RUDE, unprofessional, arguementative, and tried to coerce me into refunding the guest throughout the entire conversation.  She was trying to put words into my mouth the entire conversation and was using intimadation techniques stating that it is our obligation to refund the guest and repeating that a "real" super host would "do the right thing and issue the refund."  Rather than trying to understand our point of view and hear both sides of the story, she was one sided the entire conversation even though we are the SUPER HOSTS and this guest had 0 reviews.  Why would she only be concerned with making the guest happy and not a host that has been a super host for over a year?!  I thought splitting the difference 50/50 was more than fair instead of 100% in either direction.  I told her that I was willing to work with the guest even though I did not technically  have to IF we booked those dates.  She continued to put pressure on me throughout the conversation but ulitmately told me it was up to me, but that she had confidence that I would make the "right" decsision and do the "right" thing, as any other super host would. 

 

A couple of weeks later I get an EMAIL stating that Airbnb had ruled in the guest's favor and issued the guest a full refund.  I immediately responded asking Hazzle for an explanation, and she replied via email that the guest provided appropriate paperwork that fell into the extenuating circumstances clause (which supercedes the strict cancellation policy).  This was the same documentation that was submitted weeks ago when the orignal case was open at the same time I spoke with her over the phone, and she did not mention anything at that time about the documentation qualifying for the extenuating circumstances clasue. Furthermore, the document provided by the guest was simply a generic letter stating the employer canceled the continous classes and apologizing for any inconveninces this may have caused the employees.  The employer in this case is the Canadian government and the guest was traveling to Florida for the class.  I immediately replied to Hazzle's response asking her to please call me to discuss the situation over the phone and at least offer me an explanation of why she felt it qualified as an exenuating circumstance.  She replied that she is disengaging from this email chain and refused to call me stating that the decision was already made and was now irreversible.  I replied back immediately asking her one more time to please give me a call and that it is extremely unprofessional to just make a decision via email and not honor my request to speak with her over the phone regarding the matter.  I called the Airbnb superhost hotline right away requesting to speak to a manager/supervisor and was told nobody was around and that someone would call me back.  Fast forward 5 days later and 3 call backs by me and I can not get a supervisor to even call me back.  Keep in mind that the government paid for the guest's trip and the trip that he had to re-book at a later date so the guest was NEVER out of pocket for anything.  The money that he received as a refund from this booking went directly into his pocket and then booked other dates at a future time that the government paid for.  So the guest personally profited $1450 and we are out $1450.  

 

I am absolutely appalled that this is how Airbnb is treating Super hosts, or any hosts for that matter.  Why do we have cancellation policies?  Why do we bother doing everything we can to go above and beyond for our guests and earn super host status when this company does not have our back?  Why should someone that is employed by the government have special privileges and our cancelation polices do not apply to them.  Does this mean I should never accept a government employee's reservation since they are above the law?  Now, I feel as though their inadequate system is encouraging discrimination, which goes against my personal beliefs and the mission statement Airbnb has clearly laid out to all hosts across the world. It is not fair that government employees and military personnel get this special treatment. If I booked an Airbnb with a strict cancellation policy for a work conference in California for my job but I cancel a few days before because of a work conflict, would this too fall under their extenuating circumstances policy (if I was able to provide documentation stating that my employer changed the travel dates)? Or did this guest receive preferential treatment because he happend to be a government/military employee? I've read through the extenuating circumstances policy and the list of reasons that qualify does not include anything about work conflicts. The types of circumstances that they outline in the written policy and deem valid include (and are limited to): -Unexpected death or serious illness of a host, guest, or immediate family member, -Serious injury that directly restricts a guest's ability to travel, - Significant natural disasters or severe weather incidents impacting the location of destination or location of departure, -Urgent travel restrictions or severe security advisories issued after the time of booking, by an appropriate nation or internation authority, -Endemic disease declared by a credible national or internation authority, -Severe property damage or unforseen maintenance issues that directly impact the ability to host safely, -Government-mandated obligations issued after the time of booking (ex: jury duty).

 

We rely on this income to help pay our mortgage and it is absurd that AirBnb would do this to a host that has represented their company in a very professional and positive manner.  I apologize for the lengthly post and we really appreciate any help or insight from other hosts.  I am not going to give up until this matter is resolved.  Thank you!

150 Replies 150

we love air  bnb, however you make a good point......air bnb seems to always side on the guests side..we have been been in the cabin bussiness for over 30 years and some folks reserve a cabin knowing it is being held for them while they leisurely surf the web feeling safe in that they can still keep their reservation with us if alll else fail;s and also know they arer sure of a refund.......in the meantime we could have possibly rented to others.  it's obvious that  air bnb has never rented cabins out...i never realized that so many granmas fell down stais at the last minute or that  so many dogs had to be put to sleep and the family was to devestated to go on vacation bro, wife or child had to have emergency surgery the list goes on and on and on let us decide we can tell what's really going on and if we feel it is truly a valid reasonn we can refuse to refund the money, or if we choose we can credit them wth time at another date..............EVER try to keep some of  or all of their security deposit due to damage, late check out or other things?

we have a large notice that states the guest will be charged another day for late check outs!!!!!! we will alow a little room and will tolerate up to 15 min., but we don't like it.......when i notified air bnb to withold part of their deposit they told us to knock on the door and remind them personally................that's why we chose to use air bnb.........it heps us avoid those awkward situations............over  the years we've been asked if they can pay us when they leave then "i'm afraid i left my check book home or all i have is a credit card when they know pefectly well we don't accept them. one lady got obnoxious and loud and insisted she had paid us before she came by credit card.finally her grown daughter said mother why do you always do this and the daughter paid   we don't discrimiate but this lady is now on our do not rent to list..........we asked the guy who pumps our septic tank out every few years how he hadled difficult customers and he said he keeps a no s..t list.   we are also super hosts....if you find something better let us know........a lot of guests think we are all wealthy at their expense.......wish that was true

Jay47
Level 3
Tennessee, United States

I am also a "superhost" and can sympathize with all of the horror stories I am reading on this thread.  At this very moment, I have just had an experience in which a "guest" reserved my place for 5 days, checked in, slept in the bed, left the toilet unflushed, ate food and left garbage and trash behind and then called Airbnb wanting a refund.  Less than an hour after this guest left and while I was on another call, I received a call from "Sky" an Airbnb agent who left a voice message that unless I returned his call within 13 minutes he would refund the guest's money in full.  (Which he did.)  After getting off the first call I immediately attempted to talk with Airbnb about the issue.  Another agent told me to hold and I would be connected to "Sky"......but the first Airbnb agent came back on the line and said Sky would call me right back, which of course he did not do!

 

My contract with Airbnb and the guest called for the "moderate" cancellation policy......so actually checking in is wayyyyyy past the 5 day cutoff period to cancel and expect ANY refund, let alone a total refund!

 

The unit the guest cancelled out of has a 91% 5 star rating and has been given rave reviews since I opened it in 2016.   Prior to the guest's arrival I personally walked through the unit minutes after my housekeeper cleaned it to make sure it was perfect and it was.

 

In a year of operations I have received 290 excellent reviews but I am still relatively new to dealings with Airbnb.  What the hell is wrong with these people??!

........

Sheila22
Level 10
New York, NY

If anyone is doing a class action suit, I am very interested in joining.  I have an incredibly strong case.  I am a superhost as well. I am in New York and the business and Real Estate laws herer are firm.  A contractual obligtion is a real thing, whether online through a website app like Airbnb or even a handshake, it counts as a contract by NY standards.  You make a deal and break it, there are legal reprecutions.  In many cases it is not worth the legal expense, but in my case it is because the dollar mount is significant.  Airbnb broke the contract ("cancelled the reservation and reufnded the guest based on extenuating circumstnces" in Airbnb's not real world language).  This was only a few days before the tenant was to arrive.  This was for a month stay, and it was during high rent season, so it is a significant dollar amount. Airbnb never contacted me before cancelling. It is worth a lawsuit.  Here is the thing.  I have evidence that  fraud was perpetrated here.  I let Airbnb know and they still didn't investigate further. The wife is in the medical field, so right off the bat I thought it's very easy for her to get a doctor's note on letterhead (which Airbnb said was the documentation -- but of course they don't show us, even though WE are in this contract with them -- that seems illegal in itself). Keep in mind that this is someone from another country saying he could travel because his wife was injured.   Well, I just Googled a bit and found that he had posted an invitation to an event he was a part of in my New York area both on Twitter and Linkedin!  The event was on the day after he was supposed to arrive.  I contacted the event coordinator and found out this guy was still presenting at the NY event.  I have this in writing! This is evidence of fraud, among other crimes because of the money involved.  I gave Airbnb the information, and they have done nothing to rectify this.  So, I have to sue.  If other people have similar situations or have a lawsuit already in the works, I am happy to join forces.

 @Sheila22

 

Not sure that the legal premises is any different in NY to anywhere else that has its legal routes in English Common Law.

 

As far as Class Action Law Suites or regular Law Suites I have seen ot mentioned but nothing further reported.

 

Please keep us updated on your case.

David

*he couldn't travel because his wife was injured

Interested in class action.  This extenuating circumstances is a hook for fraud, and even for validated personal issues, Airbnb has no business overriding the cancellation policies they defined, at the expense of hosts.  Can't think of a business or industry that supports this low integrity, destructive behavior.

Sheila22
Level 10
New York, NY

How hard is it for Airbnb to have a diclaimer that says?:

 

"We highly recommend you purchase travel insurance.  Please review the cancellation policies before booking because Airbnb cannot intervene in the case of extenuating circumstances.  If you choose not to purcahse travel insurance, please understand the risk."

 

And then provide a check box that says "I understand and have read this statement."

Then it is a personal choice whether or not you insurance your travel.

 

Many travel industries even provide the option to buy insurance with your booking like Airlines for instance.  If they want to Airbnb can do that -- and just outsource that to a travel insurance company to handle.

 

There.  So simple!  Grow up Airbnb and become a real business.  Why haven't you figured this out already?

I always wonder if hosts that have such a strong case seek to use the arbitration clause in the Terms, @Rick140.

 

Before you embark on a costly suite, have you considered arbitration?  This is not instead of a class action, but before it.

Jay47
Level 3
Tennessee, United States

Unless I am mistaken, the arbitration method is kind of like asking the fox to guard the henhouse.  I believe Airbnb's "arbitration" consists of one of their customer service agents making some random decision in the guest's favor and then announcing it to the parties.

There is an Independent Aribtrator but have only looked/considered it in terms of the Host Guarantee, I can see more issues with something as subjective as Extenuating Circumstances.

David
Jay47
Level 3
Tennessee, United States

I am still unable to find any way that "extenuating circumstances' could possibly apply to a "guest" who made a 5 day reservation; checked in; entered the unit; slept (or something) in the bed; cooked food; used the toilet and left it unflushed; left garbage and trash; left without locking or closing the door and without returning the key.  And to say nothing about the fact that they were contractually obligated to forfeit their full payment if not cancelled within 5 days!  Oh and to make matters more insulting Airbnb informed me by email that I would not be penalized and then closed by telling me "Cheers" with a couple of little happy faces thrown in for good measure.

@Jay47

 

Probably made up some story about cleanliness, easy to get out of a booking if you want to.

David

This has been an ongoign problem since airbnb revised their policies.  Not sure, without collective action, that much can be done on an individual basis.  

Rachel454
Level 2
England, United Kingdom

This is exactly what I was ranting on at them about today Sheila, suggesting the exact same thing. Which is precisely what we do with our direct bookings that don't come through Airbnb. What do Airbnb gain out of guests being able to get a full refund? When if they provide the tick box situation there are no claims to deal with using up resources, less cancellations to process, no lost fees for them, no angry hosts losing out. It makes me so angry that they are so stupid not to do this and we lose out because of it!