Should I ask my guest for a penalty that I am charged due to them?

Answered!
Sarah60
Level 1
Montreal, Canada

Should I ask my guest for a penalty that I am charged due to them?

Hi,

 

One of my recent guests torrented porn and I was served a notice asking for settlement of $600 by a copyright collector agency. This is due to Canada's new copy right laws where the content owner can identify ISP addresses directly. Should I ask my guest for the payment of the penalty through conflict resolution? The guests were great otherwise though!

 

Thanks,

 

Sarah

Top Answer

Hello @Sarah60,

 

That's a great move by Canada to curb piracy.

You can proceed with the Resolution Centre and wait to see the guest's response. Involve Airbnb if he/she declines your request.

Since most countries do not have such stringent anti piracy laws, it'd be a good idea to add it to your house manual/wifi instructions that no torrents/priracy allowed and violation of the rule may lead to a fine as charged by the Agency.

 

All the best 🙂

Jeet

 

View Top Answer in original post

8 Replies 8

Hello @Sarah60,

 

That's a great move by Canada to curb piracy.

You can proceed with the Resolution Centre and wait to see the guest's response. Involve Airbnb if he/she declines your request.

Since most countries do not have such stringent anti piracy laws, it'd be a good idea to add it to your house manual/wifi instructions that no torrents/priracy allowed and violation of the rule may lead to a fine as charged by the Agency.

 

All the best 🙂

Jeet

 

Thanks so much Jeet, it's an important note to put in my house manual. Thanks again!

Monica4
Level 10
Ormstown, Canada

Here is what I have added to my rules. Hopefully that will cover me if I have the same situation.

 

""""Important Notice!
Please do not download illegal or copyrighted movies. The Copyright Modernization Act, which took effect in Canada on Jan.1, 2015, requires Internet service providers to send notifications to downloaders whose IP addresses have been identified by copyright holders for perceived violations. These notices will state the time and content of the material downloaded. There have been heavy fines levied to Airbnb guests in the Montreal area by the Agency policing the Act.""""""

Christine1
Level 10
Glenbrook, Australia

@Sarah60, Hi Sarah, The tips from Jeet about having a statement in your rules regarding internet and piracy are important. Keep in mind that people sometimes breach copywrite inadvertently, others will go elsewhere to download things they don't want to have recorded on their personal accounts. These possibilities will need to be anticipated and managed by the host. Before billing a guest be absolutely certain it was them and not someone else in your building or neighbourhood who had the capacity to breach your net security or log on to your LAN.WiFi. 

It's certainly good when we can discuss things online in an open forum, without revealing too much about individual guests. Especially with a few extra identifying comments popping in; it can be easy to look though someone's guestlist reviews and then shortlist which guests may be the topic of a conversation, and perhaps we don't want to be doing that.

The issue here is breach of copywrite and perhaps the nature of the actual internet material can remain private. Guest privacy is an important part of hosting.  

As an aside, [I checked your profile, as I always do background checks] and I note that you gave a good review to one of your guests regarding cleanliness, then later appear to have described how they left parts of your home soiled and untidy in response to their online public review. Perhaps try to find a a more comfortable way to balance honesty with courage, discretion and respect, as other members of the community are relying on your reviews. They require careful scripting but I am sure that you will develop more confidence with them over time. 

Welcome to hosting, it is mostly good!

Sincere regards, Christine.

 

David126
Level 10
Como, CO

Sounds odd to me so I looked up what was happening.

 

Seems like the issue is copyright trolls. I would expect first of course you there would need to be a legal action and seems that the ISP can not provide your details so I am not sure how that happens. To include your guest in defending any action you would I assume need to show that it was them who downloaded whatever it is. No idea how you would do that.

 

Obviously lots of commercial companies etc Starbucks, Home Depot whoever provide internet access. Can not imagine they are going to pay copyright trolls.

David
A--J--Family-And-Hosts-0
Level 2
California, United States

Did this get resolved what did Arbnb do???

I just have the same situation here, in Germany. But I have the exact details about the usage- even the name of the film, exact date and time. So that is pretty obvious that was my guest who used it. The amount is 1500€ and I have only a week to pay that. I am pretty sure that my guest will neglect my ask for the money, she is already in the US, so what could I do about it? Legal cost could be much more..

What's happened in the case above? Your guest paid or Airbnb insurance cover such cost? If not, that is very risky for the hosts here, as they take it very seriously and the first move was a letter from a law office..

Christine1
Level 10
Glenbrook, Australia

Hi @Sarah60, It has been a while since your original posting and I along with others are wondering how things went for you with this matter? Did you end up putting a successfull claim via the Resolution Centre?

Best regards, and thank you for the reply which I hope you will be able to send to us.

Christine.