Guest destroyed apartment, Airbnb didn't help

[Inna12]

The guest checked it on Jan 12, the payment was supposed to be released on Jan 13, and I am still waiting to receive it, regardless of my numerous attempts to contact them. Additionally, there are two more payments that were supposed to be released yesterday, that are not coming in either. Does it happen to anyone else here as well? 

This is not to mention, that I recently had a guest who destroyed my apartment ($5000 in damage) and not a single dollar in reimbursement from Airbnb under Host Guarantee. Idk, maybe they are short of money because of loss https://therealdeal.com/2020/02/11/airbnb-once-profitable-lost-322m-in-9-months/ but something has to be done here. 

If anyone is interested in joining me in class action law suit, let me know. For reference, I am in NYC. 

I am also would be interested in hearing about other hosts experience with Airbnb. 

**[Title updated relevant to post] 

[Lisa723]

@Inna12 you could try small claims court; I have had success there.

[Alex6645]

I gonna do that too. They paid me 12.5% instead 25% saying that they didn't get the 100% of the payment yet. I can Imagine what  a judge will say about that, so at the end they will pay the 25% plus the attorneys cost

[Anna12021]

@Lisa723 Hello Lisa!

Could you please share your experience. I have similar issue, but I currently in Hong Kong, and don’t know where should I open a case,- here in Hong Kong or US.

Thank you in advance! 

[Lisa723]

@Anna12021 I filed a suit in small claims court in my local county in the US. (Small claims court is a special court with a cap on the dollar amount  you can claim, where attorneys are not allowed.) Airbnb did not respond to the suit, so I won by default. Airbnb then paid the judgment, plus court fees and winner's judgment fee. Sorry, I can't say anything about whether/how to try this in Hong Kong. 

[Anna12021]

Thank you Lisa!!! @Lisa723 

I will try to apply here 

[Mike-And-Jane0]

No thanks.

Whilst I see lots of issues with Airbnb on this forum thankfully we have yet to be affected (touch wood). 

[Inna12]

I guess you have been a host for that long, but hey good for you! Knock on wood. 

[Susan17]

@Inna12 

By agreeing to Airbnb's T&Cs, you signed a class action waiver, and consented to binding arbitration instead. 

Terms of Service for US Users

Please note: Section 19 of these Terms contains an arbitration clause and class action waiver that applies to all Airbnb Members. If your country of residence is the United States, this provision applies to all disputes with Airbnb. If your country of residence is outside of the United States, this provision applies to any action you bring against Airbnb in the United States. It affects how disputes with Airbnb are resolved. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

[Inna12]

I am not sure about Ireland, but in the US to be able to bring a lawsuit against somebody is a constitutional right, that cannot be waived by accepting some T&Cs. Those are simple scare tactics. 

[Susan17]

@Inna12 

Actually, we have far less restrictive Airbnb T&Cs (for European users) than you guys do in the US, and have much more recourse to pursue Airbnb through the court system.

As regards your rights in the US, and the T&Cs just being scare tactics, you may need to do some research on that.. 

Federal Judge Upholds Airbnb Class Action Clause in Racial Bias Case

https://www.insurancejournal.com/news/national/2016/11/02/431272.htm

Airbnb's Mandatory Arbitration Clause Bans Users From Suing

http://money.com/airbnb-discrimination-forced-arbitration/

Justice Denied: Forced Arbitration and the Erosion of our Legal System

https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3A001abf8c-2513-4f9b-914c-d67f...

Trouble With Tesla: Couple Sold A Damaged Car, Then Told They Can't Sue

https://chicago.suntimes.com/platform/amp/2019/9/27/20887609/tesla-arbitration-car-damage-repair-con...

There is a glimmer of hope in the form of the FAIR act. Last September (2019), the House of Representatives voted 225-186 to pass a bipartisan bill that would end forced arbitration requirements in consumer, employee and other contracts. However, the Forced Arbitration Injustice Repeal (FAIR) Act would need to be successful in the Senate, where it is expected to face an uphill battle, and then be signed into law by President Trump—considered by many, to be unlikely. 

At this point in time though, its mandatory arbitration only. Or as @Lisa723 suggested, the small claims court. 

[Inna12]

OK, so Susan you are right, thank you. How do I remove this post now, since class action is not an option?

[Sheila22]

There is a lawyer working in the direction of mass arbitrations or maybe even collective arbitration.   We'll see how it goes.  pm me if you want the info. 

[Stay-At-My-Place0]

I would like that info. 

[Robbie54]

@Sheila22  I read your post a bit too quick and thought you wrote mass masturbation lol.