Emotional Support Animals/instant book turned on without my consent

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Emotional Support Animals/instant book turned on without my consent

I received an inquiry from a guest today. After she asked for a discount she then began to tell me that she has a small dog ESA. I graciously replied and told her I could not accept her request as we advertise our property as allergen free property. I apologized and wished her well in finding suitable accommodation.
Within 15 minutes she booked on instant book, which was never turned on. This has happened to me now three times since I’ve been a part of AirBnB. So, some issues here with AirBnB policies and their integrity as a company. 

Montana Law does not require public accommodations to allow emotional support animals into their business. This is a matter of choice for the business owner. Only service animals specifically trained are required to be accommodated. Montana Law code 49-4-203 (2) “service Animal” means a dog or miniature horse individually trained to provide assistance to an individual with a disability. The term does not include an emotional support animal. Enacted 71-1305.1 by Laws 1975, ch. 

 

This particular guest does not have a service animal but a pet that she travels with all the time...per her email. However, she continues to mention AirBnB’s policy regarding Service animals and ESA. Any input would be appreciated on how to handle this peculiar situation. I have talked to AirBnB with literally no help. Just keep telling me about their high call volume. 

1 Best Answer

@Ellie331  Airbnb's policies override the state policy, so according to Airbnb the only way you can refuse to host an emotional support or a service animal is if someone in the household or who cleans? has allergies.  I don't believe that listing the place as 'allergen free' is sufficient, but you could contact Airbnb and check with them directly.

 

I would not cancel, not only will  you get all the host cancellation penalties, but the guest, yes, may report you to Airbnb for discrimination.  You might still be able to cancel Instant Book on the premise that guest instant booked due to a glitch and that they instant booked after you had told them it wasn't suitable due to being allergen free and thus, you are now uncomfortable with this guest, but  you still are opening yourself up to Airbnb seeing this as you discriminating against the guest. 

 

Its a dumb policy and should be changed to exclude alleged emotional support animals, but right now, that is the policy.

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39 Replies 39
Elena87
Level 10
СПБ, Russia

@Ellie331 

 

Follow the procedure here

 

https://www.airbnb.com/help/article/2022/how-do-penaltyfree-cancellations-work-for-instant-book-host...

 

Make sure you have a crystal clear and watertight paper trail on airbnb messages regarding the allergen free status of your listing to avoid dubious and frivolous guest challenges

@Elena87 ... Thank you for your response. I’m not sure how much clearer I needed to be in telling this guest that our property is allergen free and has been advertised that way since we opened 9 years ago.  She still continued to reserve ( on instant book) in which I didn’t turn on. 😕  Do I cancel her reservation while explaining  to the guest again that it is an allergen free property? Could this guest potentially come back at me for discrimination? Thx  

@Ellie331  Airbnb's policies override the state policy, so according to Airbnb the only way you can refuse to host an emotional support or a service animal is if someone in the household or who cleans? has allergies.  I don't believe that listing the place as 'allergen free' is sufficient, but you could contact Airbnb and check with them directly.

 

I would not cancel, not only will  you get all the host cancellation penalties, but the guest, yes, may report you to Airbnb for discrimination.  You might still be able to cancel Instant Book on the premise that guest instant booked due to a glitch and that they instant booked after you had told them it wasn't suitable due to being allergen free and thus, you are now uncomfortable with this guest, but  you still are opening yourself up to Airbnb seeing this as you discriminating against the guest. 

 

Its a dumb policy and should be changed to exclude alleged emotional support animals, but right now, that is the policy.

Thank you for your response Mark! AirBnB has not answered my concerns or questions. This is the msg I wrote ( have not sent it yet) just being very cautious and making sure I am covered! Thank you for any input...

 

Our property has been allergen free not only for us ( owners) & family members that stay with us on occasion but for our guests as well ( for the past 8 plus years), due to a number of allergies ( harsh chemicals, perfumes and pet dander.) I do understand your stance regarding Yoshi and I also understand AirBnB’s policy regarding Assistance Animal in which I have the utmost respect.
I would ask that you also respect our concerns in regards to our allergies and our property that has been allergen free for a number of years. We are not concerned about a pet deposit, especially given the size of Yoshi. It is our allergen free status that concerns us.
We are kindly asking you to withdraw your reservation due to our allergen free environment.

Thank you,
Ellie

@Mark116 ... see response... forgot to type in username

@Ellie331  If you can, be  more specific about who has allergies, but airbnb might demand proof, its hard to say.  I don't know, the emotional support animals put hosts in a tough position because Airbnb created a poorly thought out policy, so I honestly can't say if that note would be sufficient.  Maybe some others will weigh in here. 

 

Certainly this is a guest you don't want to host anyway at this point, because its rude to have been asked nicely not to book due to an allergen free environment and then to have done it anyway.. Keep us posted.

@Mark116 ... Thank you! I can be more specific.
Very disappointed in AirBnB, and after this season is over, I will  be deactivating my account, as I do not get very many reservations through their site. I am much more successful with other rental sites and my own page. 

@Ellie331 

I think you've spent far in excess time and energy in satisfying this problem imposed by Airbnb.  If you didn't have IB switched on, then the booking should never have happened.

 

Use the cancellation procedure linked by @Elena87  and your excuse has nothing to do with dogs, it is a system failure error.

 

You need not discuss anything further, let the guest spend the next few weeks trying to sort out the problem of her own making.

 

Truly. at the moment Airbnb are attempting to override buffer settings, Instant Book - like your example and cram bookings in wherever they can without consideration of Hosts' settings. They will even argue that buffer settings are allowed to be overridden (they're not).

 

Don't get involved with any negotiation. Just cancel.

 

@Ian-And-Anne-Marie0 ...Thank you! Yes, I gave spent way too much time and energy on this unacceptable policy. Just being cautious as we live in a “sue everybody country!” It’s crazy! 

I sent the msg and added a few things!  Appreciate everybody’s input! 🙏🏼👏🏼 

 

Our property has been allergen free not only for us ( owners) & family members ie: sister, brother & my granddaughter ( who is still being tested for allergies) that stay with us on occasion & myself ( allergies to harsh chemicals, perfumes, room sprays etc. ) This policy is also in place for our past guests that return to us ( because we are allergen free) and our future guests, due to a number of allergies ( harsh chemicals, perfumes, room sprays and pet dander.)
I do understand your stance regarding Yoshi and I also understand AirBnB’s policy regarding Assistance Animal in which I have the utmost respect.
It seems that you are a very respected & responsible pet owner and Yoshi is a very well behaved, non-shedding dog...that is not in question.
I would ask that you also respect our concerns in regards to our allergies and our property that has been allergen free for over 8 years. We are not concerned about a pet deposit, especially given the size of Yoshi. It is our allergen free status that concerns us.
We are kindly asking you to withdraw your reservation due to our allergies and allergen free environment.

***On a side note... Instant book should not have been turned on ...it is a buffering issue with the AirBnB site and they have been made aware of the technical issue. ***

Thank you,
Ellie

@Elena87  Thank you for your suggestions. I sent the guest an email  yesterday giving her an opportunity to cancel after making myself very clear on the family allergies. If the guest doesn’t cancel, I will cancel on two issues... Instant book (system error) @Ian-And-Anne-Marie0  ( thank you for that suggestion with the buffering issue) and family allergies. Absolutely no help or replies from AirBnB!  I appreciated all the input! 

@Ellie331 you know this thread is public right? This whole convo proves you’re discriminating against this person. I know this thread is old but had to chime in. Hope they don’t see it so you don’t get sued.

Helen350
Level 10
Whitehaven, United Kingdom

@Isabel3255 : Ellie has every right to allow whoever she wants into HER house, and turn away who she wants. 

Why should her family's health & the health of other future guests suffer, because some silly, selfish, entitled little girl piece of scum CHOSE to break the 'No pets' rule by bringing a PET (not a service animal) when the rules said NOT?

 

The host can NOT get sued; her state laws support her reasonable actions. 

The issue is that the silly little immature child of a guest BROKE the rules by booking when she'd been asked not to. - No one wants a disrespectful little BRAT on their premises, who has shown they can't be trusted and has no respect.

 

Nor should a host suffer because of a SYSTEM error.

 

Yes, this forum is public. At least hosts  reading this now know not to take YOU as a guest, with attitudes like yours!

Isabel3255
Level 2
Fresno, CA

@Helen350 In the US this is a federal law. Hosts need to abide by our laws. If they don’t, they will be fined and kicked off Airbnb. Here is the article that explains: https://www.airbnb.com.au/help/article/1869/what-is-an-assistance-animal

@Ellie331 @Helen350 

 

Are hosts required to accept assistance animals?

Generally, yes, unless there is a threat to health or safety (read below). At Airbnb, we acknowledge that assistance animals are not the same as pets and serve a crucial function for their owner. As stated in our Anti-Discrimination Policy, hosts are expected to reasonably accommodate reservations where an assistance animal may be present, even if their listing/house rules state 'no pets'.”