Do I sue AIrbnb or Host? Or both?

[Victoria1618]

I made a two night booking in May 2022.

New Orleans.

I have used Airbnb for 6 years, and never had an issue.

Arrived finally at the location. 

Rang bell, knocked on door, called out nobody answered.

Could not get in. 

Repeated this process for 30 minutes. I was there at the agreed time - 3pm.

At 2.50pm had called Airbnb to confirm address . I was still on the phone for 40 minutes with the agent, while I knocked, rang bell, called out etc.

THe agent could hear it all.

Meanwhile my Uber driver won't leave, as he said it was a bad neighbourhood and he didn't want to leave me stranded ( nice of him, and he LOST three jobs whilst waiting. Even Uber called me for a welfare check).

After 30 minutes the Agent asked if I wanted to cancel this booking.

She could hear I was unable to get in. SHe heard me hollering, ringing the bell etc.

I said yes.

She said she'd have to reach out to the host, as per protocol, and then get back to me after 10 minutes, so we could continue the CANCELLATION.

I never got a call back. Nobody called, or left a message. 

( Note- during this call I'd told the agent I was unable to access my account as I'd been locked out of it for 24 hours. I always book Airbnb from my laptop and am never asked for phone verification. This was the first time I attempted to sign in using my phone and so now was locked out for 24 hours, so I could not access my page or the host info meaning I couldn't call her. I would NOT HAVE CALLED THE HOST FIRST in any case, as I now felt this was a situation I would prefer an Airbnb agent to handle.)

I went to a nearby hotel, same area, very pissed off. The agent never called me back NOR did I get messages inside my message centre. I spent $240 on a hotel for one night, and had to spend another $100 the next  night on a motel6. 

Called Airbnb at 6pm to ask where the agent was, and why I'd not been called back. 

The agent this time said sorry and that my refund was in process.

Got a message 10pm from the host; "Hey are you checking in today?"

I wrote back: "Are you kidding? No". I explained why.

Next day I called Airbnb, they said yes yes the refund is in process.

I call them everyday.

Two weeks later, I have spoken with ten agents, all of whom tell me a different thing than the previous agent. 

They refuse to liste to the audio of the first call in which the agent suggests I cancel. 

AIrbnb refuse to take reponsibility. 

They now leave messages : "Unfortunately it's up to the host at this point, we are heartbroken this is the the result you wanted". 

THe host insists she was there.

( So....you were there but didn't let me in. That looks worse than if you just weren't there.)

She also sent me a screenshot of her talking with Airbnb at 10 pm that first night in which she asks if she'll have to refund me, and the Airbnb agent says no she wont. This SEEMS to be the first contact Host and Aribnb had that day, unless Host is withholding something, so Airbnb did not reach out to her at 3.30pm like they promised, or again, they did and she's hiding it.)

I ask the host ( message her) if she was contacted at 3.30pm that first day by the Airbnb agents. She said no.

She gaslights me inside my messages, saying I was supposed to call her if there was a problem ( to me this indicates that she knew she was out of the house at 3pm). She gaslight me in repeated messages. 

I think the host was just not there until about 4pm. I think she didn't arrive til then OR slipped out and returned around 4pm. I think she's going to continue to make up a story that she WAS there at 3pm.

She later in messages insists she was there "ALL DAY!" (sic)

I have the Uber driver's written statement he was a witness, and I have the audio of the first call ( that the court can subpoena).

DO I sue Airbnb or the host or both?

Nobody has given ME proof that the host was actually home at that time. 

Even if she was, she did not let me in, and that is what I have proof of.

I want to sue Airbnb because I think THEY didn't message me back or call the host like they promised and they need to take responsibility for this whole situation. They said they would do A. B and C, and apparently never did anything.

So, DO I SUE THEM FOR A REFUND, OR THE HOST OR BOTH TOGETHER?

[John5097]

@Victoria1618 

Not really sure what happened here but seems like not being able to sign into your account caused a mix up. However you contacting CS was the right thing to do.  

The Airbnb customer support should have tried to contact the host while you were on the phone with them and gotten back with you on why she wasn't there at check in time.

If this was the case, and CS couldn't reach the host while you were on the phone with them, and at specified check in time, you should qualify for Aircover  Check in Guarantee as you were prevented from checkin. 

If you can’t check into your home and the Host cannot resolve the issue, we’ll find you a similar or better home for the length of your original stay, or we’ll refund you."

 

https://www.airbnb.com/aircover 

[Victoria1618]

John thank you!

The initial mix up with address isn't the actual issue., although very annoying. THe "You're booked" page shows two addresses, first one shown was the wrong address.

Once I'd called Airbnb to confirm the  real address ( yes,  by now locked out of account for 24 hours )

we arrived at house and as I said, was unable to get in despite knocking, ringing, calling out repeatedly , AND being still on the phone with that same agent.

The issue has arisen, that the AGENTS themselves  - each time I call to check on this case - refuse to accept their responsibility according to the conversation that day. 

One of them even questioned if I was actually there ( hence the Uber driver witness statement).

During thatfirst call, the agent told me to cancel, told me to wait while she called the host, told me she's will continue the cancellation as soon as she'd reached out to the host - as per protocol. 

This is where the Airbnb drops off the planet. Nobody DID get back to me. And they are refusing to listen to that first audio call.

And have CONTINUED to insist that the host was willing to admit me "Even if it's after 3pm". Yeah byt that time it was 11pm.

I really appreciate your note about the 

[Victoria1618]

@John5097  Thanks.  I'll raise this Check in insurance with them. 

[John5097]

@Victoria1618 Just reading this now. Getting locked out of your account is a new one to me. As I mentioned in post down after this one, host have been asking to verify guest before booking, then Airbnb has their own security measures to try and protect both host and guest. 

If you can prove you were there at agreed upon time for check in and host wasn't there and CS couldn't reach them while you were on the phone it seems like that would quality for the Aircover insurance protection. 

Its common for guest and host to report CS not to follow up or take a long time. CS may also not be up to speed with policy, or need to escalate this. You may need to file a claim with the Aircover insurance and provide necessary info. 

For Uber diver just provide enough to verify you were at the right place at the right time. 

[Victoria1618]

@John2 

Thank you for this information, which I didn't know before. As you're a host I take it you have possibly experienced the fine print details on the checkin/problem process, and your info really helps me know how to proceed. 

I have proved I was there at check in time ( witness statement, which I will clean up), outgoing phone call to Airbnb ( won't prove location, but the Audio will let the listener hear me knocking, and ringing, and what transpired between myself and the agent.) Also I have the Uber receipt to the address.

Again, thanks for this clear info, John.

Please update me if you've got any more ideas. I'll update this post when I hear anything. 

Best,

Vic.

As for account? I dunno, I guess phone access now is locked after a bad password.

[John5097 · Accepted solution]

@Victoria1618 

It would also help if you could provide a screen shot of message with host with agreeded upon check in time. (Without any personal contact info) 

Also at a loss why it would have been a problem verifying phone. Host have been requesting guest verify ID before booking but this is a simple thing to do. 

Although glad you had a nice outing with the Uber driver, and fun to read screen shots of that, you would want to keep communication as concise as possible. 

[Victoria1618]

All my messages were removed. I can't see them now. I do have an agreement between myself and the host. If I post it, sure it'll get removed. 

Here goes.

And thanks for the note on the Uber driver. I did not intend him to say "it was fun", I don't know if this clouds the issue much, or that I reminded him of the day. I think these are smaller issues, but I see your point. THis has snowballed rather, to the point I'm having to compile and actual file with dates and timelines. 

Not sure what you mean by verify the phone? Never got asked to verify who I was before now. Have always booked and done Airbnb business on my laptop. Never have I signed

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

[Victoria1618]

@John1 

THe agent says she tried to contact me. She did not. Nobody did. In fact by this time 11pm on Check in day, I had already gone to a Marriot reluctantly, AND called Airbnb again at 7pm to check why they had not called me back and to check my refund status. I have proofs of those calls. 

Airbnb has no proof they tried contacting me. I can show my whole phone history including received calls ( if we go to court, that can be subpoena'd), and besides that, if the agent could not get hold of me, they have the message centre to use. I received no messages.

[Mark116]

@Victoria1618     If Airbnb tried to contact the host during this time frame between 3pm and 8pm, when the host sent a message,  and could not reach the host either by phone or by email or on Airbnb's message system, I don't understand why they didn't cancel your reservation at that time, which, according to Airbnb policy if the guest cannot access the property [through the fault of the host], the guest is refunded.

[Victoria1618]

@Mark116 

Tell me about it.

The agents keep deflecting back to the host, saying it's up to her.

You're correct, there IS no message trail for that missing period, nor phone trail. 

We had agreed I check in at 3pm. If you see the image above you can read Host's confirmation.

Host claims she was there the whole time "ALL DAY!" Which only makes her look worse IMO. 

THe host refuses to admit she was either 1) late, 2) at a nearby property ( don't think she lives there) waiting for a call, or 3) napping. SO far, Airbnb agents have sided with her, as I believe it would cause them to pay me back if they admit the mountain of proof.

Either way, I  have witness proof and Uber recipt and the audio of the call I made, which will not prove location but will prove sounds that I was knocking etc.

Thank you for your comments, they do help to inform me how to proceed.

[Michelle1851]

One thing I always do now is print out the address, directions, entry code, and the hosts personal number.  You just never know if you will have internet or if your battery is dead.  This has saved me a few times, I understand this wouldn't helped you, but maybe it can help others.

[Helen3]

Actually what you have posted above is the HOST not Airbnb saying they waited in for you all day, that their address was correct as was their phone number. @Victoria1618 

I'm sorry you had this experience. Personally I would never travel without downloading a map and having the address and phone number on my phone. 

I'm sorry you didn't have the address and phone number saved for where you were staying and that Airbnb were not helpful when you encountered issues due to locking yourself out of your account. 

[Victoria1618]

@Helen3

I did have the map and address on me.

I had the info on me, that's why there was an issue when nobody let me in and the host wasn't reachable by phone. 

All the info was downloaded, and still nobody answers/picks up phone. Hence - this post.

[John5097]

@Victoria1618 

Thank you for providing the screenshot. If the host wasn't there at agreed upon check in time, and customer support also couldn't reach them, with you on the line, the reservation should have been canceled with a full refund, and Airbnb should have found you another accommodation similar to or better than the one you booked. 

Airbnb contacting you at 11pm is far to late to resolve this. 

Sorry I was confused about getting locked out of you account for 24 hours and the wrong address. I was just suggesting to try and stick to the main point as the customer service isn't going to read though too much as they are always pressed for time, which is why they took so long to get back with you. You will need to file a claim with the Aircover, and keep escalating this. 

Sometimes Airbnb decides to verify guest ID after the booking, such as phone number or email. I thought that might have been why you got locked out of your account. This also seems to be their fault to lock you out of your account on day of check in. 

As I menitioned sometimes customer support may not be up to speed on details of policy so just per persistent, get organized. I would present the documents, screen shots proving the host wasn't there at specified check in time, and CS also couldn't reach them, so you had to make other arangmemts. That and link to the Aircover check in guarantee should all be at the top. Also include concise screen shot or proof Uber driver was there with you at that time, although they will have record when you called. I don't think you will need to get a lawyer and just try and escalate to the right place. You could just ask how to escalate and make a claim on the Aircover which is also new and CS may not even be aware of it. 

Good luck! 

[John5097]

PS they also aren't going to release the phone records so you are wasting your time there. They should have record of you having called in at time of agreed on check in, and that should be enough.