AIRBNB refunds irresponsible and negligent guest from my account

[Elena495]

My guest has reported a "break in" that happend to him on the 2nd day of his stay in my villa to AIRBNB, while he was away in another city.

AIRBNB has cut short  reservation dates from 8 to just 2 days without my consent and without notifying me.

AIRBNB decided to compensate the guest from my account by refunding him with 2000$ from my pocket.

I told AIRBNB that I have evidence that the guest is responsible for the robery, because he was negligent and didn't close the balcony door before leaving my villa for the whole day. I have proof that none of the lockes were violated and none of the windows were broken.

The guest in the group, testifies in his signed testimony to the Spanish National Police: 

"- Que parece ser que en ventanal de un balcon de la segunda planta no se habia serado con llave”

- The guest in the group, says himself that the balcony door in the bedroom on the 2nd floor was left unlocked!!! 

- The guest says himself in the WhatsApp text message to me that the balcony door was left open.

In addition, I have a signed Vacation Rental Contract with the guest for the rental term of 8 nights for the Total Rental Fee of 2789 euro, under the strict cancellation policy, which does not permit any refund after the stay has commenced. It is legally binding under the Spanish Law. 

This Contract states that the guest is responsible for his own belongings and the guest is responsible to look after my property while he is renting it.  article 36 of the Urban Tenancy Law (artículo 3º.2 de la Ley 29/1994 de Arrendamientos Urbanos)

My property is very secure and safe, because I did my part to ensure that the robbery cannot happen:

1. good locks on every door, 

2. metal bars on all windows.

3. Subscription to the services of the security company

4. Security cameras inside and outside on the property, plus movement sensors, plus contact alarm on the doors.

5. Direct contact with the guests on WhatsApp for verification of guests location.

As an AIRBNB host, I want to be compensated by the Host Protection Insurance. Thus, I want to receive a compensation for the consequences of the robbery caused by the negligence and irresponsible behaviour of the guest, who inflicted on me financial losses related to :

1. paying the extra working hours of my attorney (5 hours at 330 euro per hour + 21% tax) 

2. paying the extra working hours of our housekeeper (15 hours at 25 euro per hour +21% tax). 

3. settling the bill for the extra emergency services of our Security company.

4. paying for the extra services of the cleaning staff, because the villa was vandalised by CSI of the police - black fingerprint powder everywhere on the furniture, doors, floors, tv, and terrible mess and dirt that the guest didn’t care to clean up when they checked out in haste.

5. paying for the psychological counselling needed to rehabilitate me after these traumatic events

But nobody at AIRBNB was able to comment on possibility of compensating me.

I am a superhost, always committed to keep the guest satisfied, yet I am being financially punished by AIRBNB.

Add to this a possibility of the guest leaving a revenge review which will kill my superhost title and decimate my business.

Let it be a warning to all the hosts. This nightmare can repeat, and the host is helpless, not able to influence the decision of AIRBNB to refund the negligent, irresponsible guest from the pocket of the owner of the accommodation, despite all the evidence, against the law which guearantees the house rules of the contract between the host and the guest, despite all logic.

[Gerry-And-Rashid0]

@Elena495

Horrible experience for you, and logic does not really come into it when AirBnB consider each case. I can understand why the guest would want to move out after a robbery (even if it was their fault). When you say compensate - what do you mean? Do you mean that AirBnB returned the unused nights payment? Or do you mean the guest was compensated for loss of items? I assume it's the first one.

There is little you can do unless you want to incur a lot of stress, hassle and money - without any guarantee of getting it back.

I would however post a simple review something like.... The guest left early as they left the balcony doors open while away from the property, allowing items to be taken. This has never happened before and it's unfortunate for the guest, but there is little I can do to ensure the guest followed simple rules, like closing and locking doors when leaving the property.

[Elena495]

@Gerry-And-Rashid0 Yes, this is correct - AIRBNB has refunded the guest for the rest of his stay (returned the unused nights payment). In addition, the guest will be compensated for "the lost items" by his travel insurance.

Police report also states that the guest and his group went on the trip to another city - Seville, located at 3 hours driving time from my villa, leaving their passports (all passports of the family!!!), mobile phone (!!!), the camera (!!!) and other items in this bedroom with unlocked balcony door!

It’s highly unlikely that the guests from New York (USA), come to Spain and do not understand that they should carry their passports with them at all times, and do not take their mobile phone and camera to the trip, to make photos of one of the most beautiful cities in Europe. 

That’s why this report looks to me like a fraudulent criminal intention to extort money from me and from the travel insurance of the guest.

Why should I bare the financial consequences for the negligence, or maybe even the fraudulent criminal intention of the guest and refund him with 1907 euro for 5 days he decided to cut short according to his own decision???

In my opinion, AIRBNB should act as an impartial and independent mediator (travel agent) between the owner of the property and the guests.

But this time AIRBNB behaves as if it owns my property and has a right to help the guest to violate the rental contract with me.

Imagine that if he would be a guest in a hotel and went to the beach without locking the room, exposing his belongings to theft, and subsequently deciding to move out, - NOBODY IN A RIGHT MIND WOULD CONSIDER TO REFUND THE REST OF THE DAYS THAT GUEST DIDN’T SPEND IN THAT ACCOMMODATION after it became evident, that he left his belongings in an unlocked room.

Yet, AIRBNB decided to act as an owner of my property and refund the negligent, irresponsible guest from my funds for no reason and without my consent.

[Gerry-And-Rashid0]

@Elena495

I really do sympathise = and it really does sound a bit weird going to Seville withouth your camera/phone etc. I mean the whole point of going there is to record your visit.

(Passport, this bit I can understand as we never carry ours in Spain and had a big argument with a police officer at a train station iin Grenada when he demanded to see ours. We told him to get lost or come with us to our villa if he wanted to see them - we won!. But then we consider ourselves European and no need to carry ID!)

It's a stressful situation, but I would encourage you to think about putting it behind you - you have great reviews and people will just think they were stupid for leaving a balcony door open and unlocked. It could happen anywhere. 

I'd would open a bottle of good wine and move on to your next great guest and great review.

Good luck...!

[David126]

AirBnB do have a Host Guarantee not Insurance. Not sure if any of this would be covered however, the cover is very limited in its wording and even more so in its application.

You mentioned you had some sort of Contract and you have a Lawyer, presumably you have discussed with the Lawyer directly enforcing the contract against the guest using the Spanish courts if needed.

Otherwise I would recommend submitting a claim against your own Insurance, many years ago I had dealings with Spanish Insurance and all I remember is that it was very different to anything I had come across before.

If there is a Criminal case then no doubt the police will be following through with a prosection.

As I have said more times than I care to remeber you simply can not rely on AirBnb upholding your cancellation conditions, too many ways they can be avoided.

[Elena495]

@David126 

1. Unfortunately, directly enforcing the rental contract on the guest from USA should be done in american court and not in Spain. My attorney cannot help me with the lawsuit in USA. I need to hire an american lawyer to be able to do that.

2. It is called "Host Protection Insurance" https://www.airbnb.com/help/article/937/what-is-host-protection-insurance

3. submitting a claim to my insurance is not an option because nothing was stolen from me. My guest caused financial losses to me. there is no insurance against that. i am insured with the UK company which specializes in rental properties. 

But thank you anyway for taking time to help me.

[David126]

Begs the question why you have a contract, on a technical point you would notmally take action in the Spanish courts nad seek enforcement of needed in the US. I doubt a US court would have jurisdiction?

There are 2 things, you were looking at the Liability Insurance if a Guest was hurt, Host Guarantee is different.

H

ost Guarantee is like a very restrive Building and Contents Insurance, which is why I was having diffilculty seeing whay you could recover.

[Sharebnb0]

This is so horrible!! I am sickened to hear about this. Airbnb has not been treating us hosts too fairly lately. This is very unfortunate. I hope this resolves in your favor. I wish I had advice but we too have been punished financially but due to the negligence of Airbnb Rep's. 

[James1641]

5 weeks of lies, falsely accuses suffering from negligence-i'm down $1500+let alone mental anguish

jim

[Elena495]

Now the guest has written a revenge review just now. He also left a request for additional 881 euros to compensate 2 days that he spent in my villa + cleaning.

Quote from the guest's claim: "Requesting a full refund for the entire stay due to the failure of the owners to provide a safe and secure environment and amenities as described in the listing. This refund would cover the two nights that were not yet refunded."

I don't know what to do. Can anybody with the same expirience suggest anything?

Please help.

[David126]

I could not see any such review?

[Elena495]

@David126 The guest just left the review. It will show up on my listing page when the 2 weeks term will pass or if I leave my review of the guest. So you cannot see the guest's review yet.

[David126]

How do you know what it said?

[Elena495]

@David126 Because he just wrote in the resolution center: "Requesting a full refund for the entire stay due to the failure of the owners to provide a safe and secure environment and amenities as described in the listing. This refund would cover the two nights that were not yet refunded."

This is untrue and is oposite of what's happened. So I am sure you are also able to understand what is written in his revenge reveiw.

[David126]

Nothing you can do about a review until you see what it is and maybe not even then.

Presumably you will be decling the resolution center claim.