Airbnb have refused to refund despite Terms & Conditions been broken

[Andrew2817]

I rented an Airbnb recently and the apartment stank of cigarette smoke. The type built up of years of smoking inside. The house was advertised as non smoking. We have a 6 month old baby and this was in no way a baby safe environment despite the hose telling us so. Also, the floorboards were in dire need of repair and at risk of falling through. With all this in mind we turned left immediately and stayed in a nearby hotel costing us double the amount. 

The host refused to refund us, as did Airbnb who reviewed it and will not intervene. This is despite it violating their refund policy: 

What Travel Issues are covered

The term "Travel Issue" refers to these situations:

• Host cancels the reservation prior to check-in.
• Host fails to provide access to the accommodations.
• Host fails to disclose in the Listing that the Host, another person, or a pet will be present during the stay.
• Accommodations are not habitable at check-in for any of the following reasons:
  • They are not reasonably clean and sanitary, including bedding and towels.
  • They contain safety or health hazards.
  • They contain pests.
• Listing contains a material inaccuracy such as:
  • Incorrect home type (e.g. entire home, private room or shared room).
    

I would argue having a cigarette smelling apartment for a non smoker is not reasonably clean. 
Having damaged floorboards is a safety hazard. Thirdhand smoke is also potentially hazardous to infants according to studies.
Advertising a non smoking home to it clearly being a living home with smokers, is an incorrect home type.

Does anyone have any advice on how I can take this matter further?

[Mike-And-Jane0]

@Andrew2817 take Airbnb to the small claims court and they will decide who is right.

[Andrew2817]

Yeah, I think that's my best option rather than all this back and forth with them. 

[Anonymous]

@Andrew2817  "Non-smoking" is not a home type (a violation of that would be something like a guestroom being listed as a whole house).

Residual odors are not widely considered a general safety/health hazard, even though to people with certain conditions they can be. Unfortunately, even when a listing specifies rules such as "no smoking" and "no pets," there's no guarantee that the guests before you didn't break the rules. Airbnb stands by its policy that hosts who don't allow pets are required to accept so-called service animals, even if that presents a health hazard to the next guest who has pet allergies. What this all adds up to is that your "third-hand smoke" argument is probably a non-starter. 

Even if it wasn't, good luck proving a smell.

As for the floorboards, hopefully before you fled the house you took some clear photos that unequivocally proved they were as precarious as you believe. Without the hard evidence, it will be hard to distinguish your case from the huge mob of people who are currently booking the jankiest listings they can find under the misapprehension that Airbnb will relocate them to a nice hotel.