@Jude56 wrote:
[...]Tbh I cannot talk to the support centre again they have absolutely no clue what I am talking about, I was told by one that I wasn’t entitled to compensation and that I should go back to the guest and ask for more money!!! [...]
No surprise they have no clue, the global customer operations manager is in charge to define the guidelines that guarantee the flows of information through all the support centers, however like for other positions there's a general sloppy work attitude.
Calling is pointless if the support agent has not been informed of this situation, however you can still try to ask him/her to get access to this page so that he/she can read about @Airbnb message.
I understand is annoying, but the truth is that the agent is "innocent" and those behind him/her should be blamed.
However your experience is just another prove that the general attitude is "do not believe in the host" and revers on him/her third party responsibilities.
As said also by @Jessica-and-Henry0 the guest is not supposed to cancel as the error happened due AirBnB technical failure, so if you can get all your money peacefully, you need to call them or write them a message reporting this link asking for a cancellation because you feel uncomfortable.
However, in such case I do not see the "uncomfortable rule" applicable. Besides the fact that it is subject to review and that an incredible amount of times the AirBnB support agents are not aware of such possibility to cancel/decline penalty free because u feel uncomfortable, such "rule" is subjected to the idea that is clear to you that the guest didn't read the rules of the house for example, or in case of instant booking these things can be applicable:
- The guest has several unfavorable reviews that concern the host
- The guest hasn’t responded to questions the host needs to know about their trip
- The guest makes it clear they’ll likely break one of the host’s house rules, like bringing a pet or smoking
If you can't get back the full amount loss due the AirBnB technical failure, in my opinion you have only three options:
- Cancel using one of your 3 yearly cancellation
- Stress them out to cancel the booking without penalties
- Talk with a lawyer and see what you can get out of it. Problem is that for US users the platform use the typical american formula that sounds more or less like "you accept the platform as it is" which means that in case of technical failures you are on your own.
However this kind of approach that was in use here in EU until the first years in 2000 is slighty changed and even for technical problems platforms that operate in EU may be accountable.
Airbnb EU T&C says:
"Airbnb is liable under statutory provisions for intent and gross negligence by us[...]Airbnb is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages.[...]Essential contractual obligations are such duties of Airbnb in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract."
Unfortunately for that paragraph only a lawyer can tall you how is applicable in this context and if the T&C that you have accepted represent a contract between you and the platform.
You can also start a dispute use the EU platform https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint_en
Or you can directly call the EU consumer center of your country and ask if AirBnB can be accountable of this loss, 'cause essentially smart pricing is supposed to work as described but it didn't.
Another paragraph that eventually could be analyze, regards the Payment Terms:
10.5 Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original Payout to or payment by you, so that you end up receiving or paying the correct amount. This may be performed by Airbnb Payments or a third party such as your financial institution.
Here for example you would like to know if this can be considerated a payment processing error, for which probably a judge is required, because obviously AirBnB would say that the price set for the days and then used in order to calculate the pay out amount, is not part of the payment process, which is opinable.
However then you have the usual "as it is formula":
17.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.
and become evident once again that you need a lawyer or eventually talk with a EU consumer center (they have lawyer within, talk with them other times for my own business projects) to understand what is the maximum extent permitted by law.
