Can Airbnb's policies trump the laws?

Carol9664
Level 2
Hong Kong

Can Airbnb's policies trump the laws?

I am one of the hosts in Hong Kong. 

 

I received the Airbnb support team message below when I contacted them about the missing payout:

 

law of tenancy in Hong Kong does not apply with your Hosting arrangement on Airbnb platform'

 

 

oh, Airbnb is God!!!

 

Its policy can run over laws!!!! 

 

How terrible!!

 

 

2 Replies 2
Mike-And-Jane0
Top Contributor
England, United Kingdom

@Carol9664 Airbnb can have rules additional to the laws of a state as long as they don't conflict with said laws. What seems likely here is that Airbnb does not believe that the law of tenancy in Hong Kong applies to your hosting arrangement with Airbnb which may or may not be the case. May we ask what issue you are having?

The guest confirmed the reservation HM3W9BJJ94 three days before the check-in day. Our cancellation policy is strict ( free cancellation within 48 hours, 14 days before check-in ).

Fifteen hours after the reservation was confirmed, We sent a message informing the guest, that agents would bring clients to visit the flat if they would rent for more than one year, but we would ask the guest for the preferred time slot in advance. The guest didn’t cancel the reservation until the expiry of the free cancellation period. However, the guest requested to cancel and ask for a full refund one day before her check-in day, even though we often explained that we wouldn’t do anything if she disagreed. She even announced she would report to the police. Finally, the guest requested your supporting team to cancel and get a refund in full even though our cancellation policy is not allowed.

Airbnb cancelled the reservation HM3W9BJJ94 on the check-in day and the Guest has been refunded in full.

We don’t agree that we had failed to disclose as we said we would contact her in advance. We won’t do anything if she doesn’t agree. The guest had enough time to cancel the reservation if she wasn’t happy and felt uncomfortable within 48 hours, according to our cancellation policy, but she didn’t.

We can’t discuss with the client once they confirm and they could get a refund in full at any time when they want just report to you. That’s not fair to us.

Even the tenant has already paid, the owner can still enter the premises. The tenant cannot end the contract unilaterally unless there is any breach of the contract. This is clearly the law of tenancy in Hong Kong. The event happened in Hong Kong and hence it shall be governed by the laws of Hong Kong. 

Our cancellation policy is stated in the listing. The client had known and accepted when she was confirming and paying.

We discussed with the guest in fifteen hours when she confirmed the reservation, 33 hours before the free cancellation period ended. She could cancel for free if she felt uncomfortable and disagreed, but not after the free cancellation period, even on the check-in day.

The guest doesn’t check-in and never stays in the listing. We don't know what privacy was violated.