Requesting Guests to Agree to Additional Indemnification. Guest asking for full refund is also a host

Lisa990
Level 4
Omaha, NE

Requesting Guests to Agree to Additional Indemnification. Guest asking for full refund is also a host

Another super host booked my place a few days ago. After she booked my place which was 6 days before check in. I asked her immediately upon booking  to answer a few questions such as arrival and departure plans and to read my “ Vacation Rental Agreement” or “VRA”. (I will list details on VRA below). These are the pre booking questions that all guest are supposed to answer. I have a moderate cancellation policy. When 5 days before check in came, she told me she would not agree to the VRA I told her she should cancel. She said she wanted a full refund.  I told her to ask AirBnB and she said that AirBnB would contact me about allowing a full refund. Here is a copy of our messages:

**

 

Vacation Rental Agreement

1. Property. The property is furnished, and includes a fully equipped kitchen, refrigerator, oven, stove, Microwave and TV with limited reception.

2. Term of Lease. The term of the lease will be the dates booked through Airbnb. The Responsible guest which appears above must be 21 years of age or older.

3. Duties of the Parties

3.1. Condition of the Property. Guest shall leave the property the same way they received it, which includes, swept and vacuumed, with wiped down appliances and bath fixtures and furniture must not be moved.
3.2. Repair of Property. Homeowner may enter the premises at all reasonable times in order to inspect the property or make repairs.
3.3. Smoking. Guest understands that the
rental unit is a non-smoking unit, and agrees to smoke only outside.

4. Obligations of the Parties

4.1. Lost and Stolen Items. Homeowner is not responsible for lost or stolen items.
4.2. Guests are responsible to return the property to homeowner as they received it.
4.3. Guests are to abide by all Airbnb’s “host and traveler standards and expectations” as outlined in their publication, viewable at https://www.airbnb.com/trust/standards.

5. Governing Law. The laws of the state of Nebraska shall govern this agreement. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the federal and state courts located in Nebraska, as applicable, for any matter arising out of or relating to this Agreement.
6. Indemnification. Guest agrees to indemnify and hold Homeowner harmless from any liability for personal injury or property damage sustained by Guest or parties invited onto the property by Guest.
7. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior or contemporaneous oral or written agreements concerning this subject matter.
8. Guest to Provide. All renters shall bring a
ll household items including food, toiletries, etc. Bedding, towels and limited amenities will be provided.
9. Trash Pick-up. Every Monday morning is trash pick-up. Please place the 2 wheel
ed trash toter located next to the garage at the foot of the driveway by 5:00 a.m. (or the night before).

 

If you have read and agree to the Vacation Rental Agreement, simply reply "Yes, I agree". (There is no button to accept or decline).

 

Thank you for your time reading this post. Let me know if you think it is a worthless agreement and I should take it out. Perhaps I should take it to a lawyer to see if it would really help protect me in any way?

 

 

**[Private conversation removed in line with Community Center Guidelines]

27 Replies 27

@Lisa990  Hi...if you're happy with that amount that's all that matters.  ABnB suggested I lower my price all the time when I started, I ignored it and never missed a beat with bookings.  I also am set up with IB.

Lee3594
Level 2
Fort Davis, TX

I would not book immediately upon seeing the vacuum and clean bath fixtures. My first thought would be, am I your housecleaner? Just my 0.02 worth.

@Lee3594 @Thanks for your 0.02!

@Lee3594 My intent by asking guests to vacuum and clean fixtures is to pick up after themselves and clean up any visible signs of dirt or grime they bring in. If they smear stuff on a spout or a glass table, they are expected to clean it off.  

Branka-and-Silvia0
Level 10
Zagreb, Croatia

@Lisa990  you can ask your guests to agree on whatever you want but if they don't agree, or if they agree but don't obey - what can you do? Airbnb will not support your agreement with guests, it will follow its terms of service.

I don't have an agreement, I don't ask my guests to throw the trash or clean but most of them do that and leave the place tidy and clean .... and those who leave the mess will leave it with or without your agreements or instructions. 

If your guest cancels they will not be fully refunded so they will probably not cancel. If you cancel you will be penalized in several ways so it is not worth it. Be aware that most guests don't read the entire listing before booking so you will have the same situation again and again with other guests.

@Branka-and-Silvia0 @thank you!

@Branka-and-Silvia0 If a guest does not agree, I can cancel the reservation because I am uncomfortable. AirBnB allows me to do this. If a guest does not obey I put it in the review.

@Lisa990  you can cancel up to 3x a year if you feel uncomfortable  (but only if you have instant booking enabled) and Airbnb will wave your cancellation. It could affect your search ranking as well. At least it used to be so.

Dimitar27
Level 10
Sofia, Bulgaria

You can't override ABB's terms of service like this. It's a tripartite agreement. ABB works not only as an advertising platform, they also manage the payments and bear some responsibility for damages.

@Dimitar27 @I really appreciate your response. Tripartite agreement is the term I needed to understand what I need to do. Thank you!

Michelle1851
Level 10
Littleton, CO

@Lisa990  I have a non related question, I’m just wondering how you can afford to rent the entire  house for such a low fee and no cleaning fee?  Just changing the sheets for me takes hours.  If I were a guest I’d jump on signing your agreement for those low prices. 

@Michelle1851 
1. I require a 2 night minimum

2. I have 2 cleaning professionals who are really good at what they do at a very reasonable rate. 

By the way, after posting this I raised my nightly rate to $49.