Nonrefundable reservation and Host demands you leave

[Mia1026]

I booked a nonrefundable 30-night stay in Kauai for a total of $5442.25.  This included $4922.25 for the "room," $360 for electricity for the month ($12/day x30d) and $160 for a cleaning 2weeks into the stay.  Upon arrival, the host informed me she found many guests to be toxic and went on to describe how they upset her life.  I asked if she thought I was toxic and she said yes, and that I was rude on emails.  I told her if she agreed to refund all my money for the stay, that I did not have to check in.  She agreed and we called Airbnb on speaker phone.  During the call, the Host stated more than once that she would refund all my money.  She became very angry and demanded I leave her property immediately before she called the police.  I never moved in a single item.  After going thru Airbnb's resolution process, they are refusing to refund $5,442.25 because the reservation was Nonrefundable (despite the host saying the day of checkin on a recorded call that she would refund all my money and then demanding I leave immediately).  

My question is not IF I should sue, but rather how much I should sue this host for.  I had to get a hotel room that same day, last minute, for the entire month.  I don't have a "kitchenette" to cook in.  I don't have a washer and dryer.  In addition to suing for the $5442.25 back, can I also sue for other fees I am paying now that I would not have had to pay?  

Other advice is welcomed.  

[Gordon0]

This sounds like a horrid experience, @Mia1026, and a very weird one at that - I'd be interested in seeing the host's previous reviews. 

That aside, what should have happened is that the host should have cancelled your booking there and then. The call to Airbnb sounds like it put the onus on the host to deal, which they've clearly swerved.

While I appreciate you live in a very litigious part of the world, I suspect it won't be as easy as you expect to reclaim your losses. 

Assuming this only happened within the last few days, I'd get back on to Airbnb and escalate further. You might also want to take the Twitter approach to drive the facts home. Good luck.  

[Mia1026]

https://www.airbnb.com/trips/v1/ed636276-7e1d-4c9f-8b1f-3acf4f72d92f/2021-11-08/ro/RESERVATION2_CHEC...

[Emiel1]

@Mia1026 

A 30 nights stay has the "long term stay" cancellation policy attached, which means when cancelled the by the guest the 30 nights will not be refunded. (Which is not the same as the "non-refundable option" Airbnb offers for only short stays).

It seems to me you experienced a "travel issue" which should resukt in a full refund.

https://www.airbnb.com/help/article/3028/travel-issues-eligible-for-refunds

But more simple would have been: the host should have cancelled the reservation, also resulting in full refund.

Contact Airbnb again !

[Mia1026]

Airbnb has washed their hands of this.  This is the best response yet!  Thank you for the link, however, they are no longer responding to me since I did a chargeback for the charges.  

[Brian2036]

@Mia1026 

I really think they have to give you a full refund if you weren’t allowed to check in, regardless of the refund policy.

If you keep trying, asking POLITELY for help, you will eventually find a friendly CS agent.

Keep it very simple:

1. You booked and paid for 30 days.

2. You arrived on time to check in.

3. Host refused to allow you to check in.

4. Host called Airbnb and you witnessed her canceling your stay and authorizing a full refund.

5. You left and obtained a substitute accommodation.

6. You respectfully request a full refund.

If that doesn’t work you can file a complaint in the small claims court close to your home.

 You can name Airbnb as the defendant-they took your money.

You should file for the maximum, which is $5000 in most jurisdictions.

If you try to sue the host at equity, I’m afraid that the award might be an equivalent stay at another time, which would probably not be a satisfactory solution in your case.

[Mia1026]

thx for your reply.  However, it is suggested to sue the Host - not Airbnb.  And you have to file small claims in California if you plan to try to sue Airbnb.  This rental was for Hawaii.  I live in Maryland.  To sue the host, I would need to file in Hawaii.  The Max is $10K that you can sue for in small claims court.  

[Tonya2]

It’s 5k on Kauai 

[Elena87]

@Mia1026 

Perhaps to take it up with your card provider to chargeback on the basis that the paid for services weren't provided 

[Brian2036]

@Mia1026 

@Elena87 Offers the easiest and most efficient solution here.

When you get the credit card bill you can refuse to pay and notify them IN WRITING that you dispute the charge because the host refused to honor your reservation.

No details necessary.

Incidentally, email is generally considered to satisfy the “in writing” requirement, but to make sure you should print that out and send it by US mail also.

[Mia1026]

I did this and American Express temporarily has reversed the charges.  However, they depend on Airbnb to rule fairly and will re-charge me when Airbnb tells them the charges are nonrefundable.  Airbnb has the WORST customer service.  No service was rendered!  I was never granted keys or access to this room.  And the host stated twice on a recorded call to Airbnb that they would refund all of my money and also stated on that recorded call for me to "get out".  I don't know how Airbnb is ruling in favor of this Host!???  It's the most insane situation ever.  All they want is their share of the $$$.  They get nothing if the Host repays me.  

[Mark116]

Is there more to the story here?  There must have been a reason that the host refused you entry right of the bat and threatened to call the police.  I suspect the answer to that question will determine what  your chanced are of winning a court case.

[Brian2036]

@Mark116 @Mia1026 

There probably is more to the story but in this case I think it would be best to ignore that. (Not saying I’m not curious….)

Services were offered, payment was made, and services were then denied.

Whether the host had legitimate reason for the denial or was just plain nuts matters not.

The guest did not breach the contract and cannot be required to pay for a service she was denied.

[Mia1026]

You would think this would be the case.  However, Airbnb is giving me no other reason for refusal to refund me other than the Host is denying me a refund now and the reservation was nonrefundable.  I'm at a complete loss as to what to even think!  

[Brian2036]

@Mia1026 

What I think is that Airbnb’s CS has some incompetent agents.

Thinking that they can charge you for something you did not receive is just incredibly stupid, regardless of refund policy.

If that were allowed you can be sure that some unscrupulous hosts would think of an excuse to turn EVERYONE away at check in and get paid for keeping their property empty.