What is AirBNB's responsibility to its customers?

[Kyle44]

Curious as to other opinions. Just returned from an AirBNB rental in Santa Monica, California. The rental (an entire apartment) was as described and perfectly located. However, one day into our stay we returned to find the business card of a Santa Monica City compliance officer and a copy of the city ordinance that declares as "ILLEGAL"  short term (less than 30 days) rentals where the owner is not residing on site during the rental.

AirBNB exercises no oversight and declares that it is the listing owner's responsibility to observe local laws and codes. However, we travelers pay AirBNB directly and AirBNB charges a fee for each rental. Shouldn't AirBNB be looking out for the traveler and NOT expecting us to research the legality of every rental in every sity and country we are visiting?

[Gerry-And-Rashid0]

As you say, it's not AirBnB's resonsiblity - and it would be totally impractical for them to reivew evey single lease, every legal document both relating to an idividual property and then those rules and regulations that exist and differ city by city, state by state and country by country. As you know, if you were kicked out of a property they would be there to help find you alternative accommodation (and I am pretty sure you would get a refund too if a host had been breaking rules)

[James1]

We have a big case in Federal District court right now in San Francisco. The city law requires hosts to be registered and requires airbnb to remove unregistered hosts. It is an interesting and precedent setting case. The initial finding by the District judge has been against airbnb.

http://www.sfgate.com/business/article/Judge-scolds-SF-Airbnb-while-staying-fines-in-10621381.php

https://www.airbnb.com/rooms/350391

[Denis377]

This is happened to me, Hawaii host rented to us illegal short leasing and Airbnb approved that. 5 months later host cancels the reservation days before check in because the authorities pressured the host that he/she cannot rent short terms rent in Waikiki since August 1 2019. Airbnb refused claim responsibility.  

[Kyle44]

Gerry And:

So ........ in a mdium sized city like Santa Monica where the city has sent written notice to AirBNB that short term rentals where the owner is not on site during the rental (which pretty much describes ALL "entire apartment or hose" rentals), AirBNB does not bear any responsibility to inform the traveler?

I AM conflicted on this question and am interested in others perspectives ......

[Marit-Anne0]

@Kyle44

It is important to understand that airbnb is a listing facility only. The contract is between guest and host and airbnb has made it easier with their listing platform.

When listing, airbnb gives hosts information that your listing should be within local laws and regulations.  Abinding by local laws and regulations is the responsibility of the host.

Short term lettings may be illegal, but guests are not doing anything illegal as far as I know.  

Worst case, the host will have to take down the listing, cancel reservations and guests might find themselves in a situation where they need to find other accomodation at short notice. You were lucky, your reservation went through.  

[David126]

AirBnB is a booking agency when it comes down to it, used to be a flyer in the local shop or newspaper, still see those but now increasingly on line.

The practicality for a start would be challenging. I am reasonably familiar with the laws in my County and I know other Towns and Counties have different rules in my State. Then each State is different and that is just the US. How many Countries does AirBnB operate in?

I suppose you would need to have a Realty Lawyer familiar with each area, the cost of doing this would be impressive.

Let's say it was $200 per listing, there are 2 million listings on AirBnB and they change.

Then as we all know and has been mentioned here, laws change, how often would you need to check, every year?

I am not even sure there could be any guarantee that even doing this would make the situation certain, I have seen a few examples posted on here where the legalities seem unclear.

It would be a bit like going down to Home Depot and buying electrical materials and expecting them to be responible for checking it is being installed in a legal way.

[James1]

A key difference with airbnb (vs local paper or Craigslist) is that airbnb participates in and largely controls the monetary transactions.

[Ibrahim68]

I will never use it again it’s my first time and it will be last time and I will tell all my family and my friends and all the people who I know it’s bad website because I’m in another city and I have booked flat and they took the money and after I got a message from the host that it’s not available,how come ???? The host should put mark for the date which is available and the date which not I’m right ?? Yes I’m , so now they take my money and it’s the only money what I have to booking for flat and now I can’t do anything I’m stay in the street and the lovely host and lovely airbnd stay in them offices enjoying with my money and when I message them they answered it’s take 7 days to get my money so this showing not care and not  professional at all really it’s the most worse thing I have done in my life to booking or even looking to this airbnb