Suing a Host - unfair term

[Neha106]

I booked an accommodation for a week long stay in NY - however, immediately after my booking the host emails me letting me know there are two dogs in the living in the property. I told him I fear dogs and either to cancel my booking and refund my money or remove the dogs ( which I thought was a reasonable request)

I have been attacked by two dogs in the past  - so now I am cynophobic and struggle to around pets. And have a real fear of them. 

I told the host it wasn't clearly advised in his advertisement - he marked 'Pets living in the Property' under Health and safety tab. Which to me is utterly bizarre. This is a material term of the contract and should be in House Rules or Other Things about the Property.  Airbnb clearly lacks acumen to illustrate points of fact or terms in the right sections so one can find them. You would expect  'Health and safety' refers to things like smoke alarms, carbon monoxide and fire hazard safety issues. Not material terms that pets live in the property. 

I did not stay in the property due to personal injury arising from the stay. The Landlord refuses to refund my money and so does Airbnb as apparently they say it was mentioned on the advert and it was part of the term of conditions of the contract. When health and safety tab is not a term and condition its an implied term by legislation. Any way. 'pets living in the property' in the Health and Safety section is in fact a 'hidden' term as one would not find that to be plain and transparent.  Hidden Clauses are deemed unfair terms under Consumer Rights Act 2015.

I will be commencing proceedings in English Courts against the Host and Airbnb for a refund however any one want to share any thoughts that are similar nature or any other legal points to consider?

Thanks 

[Huma0]

@Neha106 

Unfortunately, for some reason, Airbnb decided to move the section that was called "You must acknowledge" or from the host side, "Guests must acknowledge" to the Health and Safety section right at the bottom of the listing. There are certain things that could be contained in that section that don't logically belong under health and safety.

As a host, I am not particularly happy about this. It seems a bit stupid to me. So, I have had to reiterate some of these points higher up in the listing and also message guests before accepting their bookings to remind them of these.

However, if something is mentioned in the listing, I am afraid that it is is mentioned in the listing. As a guest, it is your responsibility to read all the information before you book. I certainly do so before I book any listing on Airbnb. 

I do agree that the host should have made it much clearer, but as long as they have listed it, well, you can't really claim that they haven't. 

[Neha106]

@Huma0 

Thanks for your reply.

That is very silly of them. You must acknowledge or Guests must acknowledge is pretty clear to me. If that was still the case.

I will be still proceeding with the claim because tenants are afforded with unfair terms protection by law and we have such regulations to protect us from such hidden clauses. This applies to all contracts.

In Blu-Sky Solutions Ltd v Be Caring Ltd [2021 a condition which was particularly onerous or unusual would not be incorporated unless it had fairly and reasonably been brought to their attention.

Additionally, there is a mutual mistake which goes to the heart of the contract. Clearly if this was brought to my attention it would not be booked. It renders the contract voidable.

There is quite a lot out there that I can argue.

[Huma0]

@Neha106 

Well, good luck and let us know how you get on. I have no idea about the legalities of it, but I am not sure laws regarding tenant's rights apply to STR, especially not stays of one week, nor how English law applies to accommodation in NYC, where they would have their own tenancy laws which I can't imagine apply to visitors from the UK. I should think that it would be very complicated in this situation but perhaps pursuing the case based on your consumer rights might be another option?

[Helen3]

@Neha106 

You weren't a tenant so tenancy legislation doesn't apply to you.

Nor does UK legislation apply in the US

the host was unreasonable  and should of made it clear up front on his listing that he had dogs . 

[Helen744]

@Neha106 . What you cannot argue is that the host did not try to decieve you because they did not know of your fear. In fact the outcome could have been different if you had arrived . so you need to talk to the host about a refund which may have some costs attached. H

[Neha106]

This is under English Law. AirBNb t& c jurisdictional is on the customer place of residence therefore English law will apply. Doesn’t matter where the property is.

It is likely its AirBNb fault due to them advising hosts how to write and advertise their property. 

ICC have taken on my case and have agreed that there is a decent chance of success. Yes it falls under Consumer Rights. 

I’ll keep you updated. 

[Huma0]

@Neha106 

Airbnb hosts are quite restricted about how their listings appear. We do not get to choose which sections appear on the landing page and which are hidden behind links that most guests never click. 

To give you an example, I have three cats. Now, I can choose to select in the house rules that appear on the first page that I either accept or do not accept pets, so my listing states 'no pets allowed', but I cannot elect to also put there that I have pets. 

So, I have to add in this information in other places where I am allowed to write text. These sections are less prominent, so I literally have to remind and pressurise guests into reading all of it to ensure they understand. Otherwise, it would end up in a lot of misunderstandings like the one you are facing.

I would suggest, therefore, that the host might not have necessarily been intentionally misleading. He/she was given a place where he/she could specify that there were pets on the property and did so. Perhaps this host was inexperienced and didn't realise that it was a good idea to state this elsewhere so that it was front and centre. It's an easy mistake for someone to make given how the listing template is set up.

[Stephanie365]

"I will be still proceeding with the claim because tenants are afforded with unfair terms protection by law and we have such regulations to protect us from such hidden clauses. This applies to all contracts."

Not being posted where you think it should be posted is not the same as a hidden clause. By your own admission it was disclosed.

**[Inappropriate comment removed in line with the Community Center Guidelines]

[Helen3]

Sorry that's a really unhelpful and rude  reply @Stephanie365

I'm rather shocked you feel that's an appropriate reply on a public forum. . In what world is it appropriate to tell a stranger to seek therapy and that they should stay in a hotel because they have a fear of dogs'

If a host has dogs in a shared listing they should have photos of them in their listing and make it clear upfront in the listing description 

Hiding the fact you have pets in a section most guests never read is unfair and misleading .

The host should have refunded her when she told him of her phobia of dogs as it wasn't clear on the listing the host had them. 

@Neha106  of course you are welcome to stay in Airbnb's most of us home share hosts are lovely