Extreme Disclaimers from a Host - Bodily Injury / Death - Comparing Stay with Surgery? WTF??

[Ratna3]

I'm a super host  myself. Recently I switched gears and booked a property in Ft. Lauderdale to become a guest. The property I booked sent me a huge disclaimer as soon as the Cancel Penalty kicked in (the host waited until the guest can no longer cancel without penalty). Also, the disclaimer or warnings are not listed or mentioned at the time of booking!! When confronted the host, why such death/injury message, he replied it the same as "Doctor Surgeries" disclaimer. I mentioned that even Doctors are not exempted from malpractices and mentioned I never had to agree to such things anywhere I stayed Airbnb or Hotel or any place else (I do travel a lot)! Here is the part of the disclaimer and there is a lot more of the disclaimer too .. but you get the sense of it!

"I am also aware that my stay at the Property involves risks that may result in serious bodily injury and/or death. Some of the risks include, but are not limited to, drowning, slips, trips, falls, cuts, adverse weather conditions, the acts or omissions of guests or visitors on the Property during my stay, and the condition of the Property. I understand that the description of the risks in this Release of Liability, Waiver of Claims and Assumption of Risk (the “Document”) is not complete and that other risks or events that are known or unknown, anticipated or unanticipated may result in serious bodily injury and or/death.

In consideration of being permitted to rent and stay at the Property, I agree on my own behalf and on behalf of my family and guests and on behalf of my children and all minors in my care, custody or control (hereafter also included in “I” or “my”) to assume full responsibility for the risks identified herein and those risks not specifically identified. I hereby release from liability and waive any and all claims that I have or may have in the future against Boca********* FL LLC and its members, principals, agents, officers, employees, and representatives (collectively “Releasees”) as well as the landlord/owner of the Property."

The above disclaimer is such dire that even if the property owner is clearly at fault (a malfunctioning smoke detector or CO emitting fireplace or slippery showers due to bad maintenance etc.) the host is asking you to sign a waiver.

What do you think of such hosts? Are these people bad apples on Airbnb? 

I have booked elsewhere in Ft. Lauderdale as I could not agree to the above hosts' disclaimer and had no issues. Also, I booked at couple of different places this past 2 weeks, and had no issues with any of my Airbnb stays. 

[Sarah977]

@Ratna3  Perhaps this host had a bad experience with some guest tripping and trying or succeeding in getting the host to cover medical expenses, who knows.

The host should definitely make it known in their listing information that this disclaimer is required to be signed. Sending it to you after the booking is confirmed and after your free cancellation window has passed isn't right. I'd report this to Airbnb.

[Gordon0]

@Ratna3 You can't be expected to agree to a disclaimer sprung on you like this. Airbnb should be your go-to. 

[Sarah977]

I'm no legal expert, but I seem to remember reading once that even a signed disclaimer can be overruled if someone is found to have been negligent. For instance, if you had a backyard pool and required all the neighbors whose kids you allowed to swim in the pool to sign a disclaimer, you could still be held responsible if you didn't have the pool area fenced off as mandated by law, and some kid wandered in and drowned. Or if a guest simply lost their footing and tripped on the front door steps, the host couldn't be held responsible, but if the steps were unsafe, with loose boards, nails sticking out, or covered in ice, the disclaimer might be overruled.

[Lisa723]

@Ratna3

I have something similar in my house rules-- which must be agreed to *before* booking-- our insurance company requires it because we offer lake access, boats, hot tub, and an elliptical machine:

• Please remember that inherent risks are assumed with the use of exercise equipment, watercraft, and hot tubs; and with lake swimming and water recreation in general. It is the responsibility of the registered guest to inform anyone using these facilities of the potential hazards. Each guest’s use of these facilities constitutes a release of liability and waiver of any and all rights, claims or causes of action of any kind whatsoever arising out of such use, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss; and constitutes agreement that the owners and hosts of the property assume no responsibility for any accident, illness, injury, or death.

[Ratna3]

Agreed that having those notifications ahead of the booking will be nice and easy to stomach!

That's not what the Host I booked did .. They waited until the "Cancellation Penalty" kicked in to the minute and sent an Automated Disclaimer ... Even after confronting the message and not agreeing to the disclaimer, the Auto Response sent me Check-In instructions ... Of course, the host messaged me to ignore the Check-In instructions ... 

My peeve is that how Airbnb does not regulate these type of Hosts pulling last minute bad surprises on guests? 

[Jessica-and-Henry0]

@Ratna3

My understanding is same as @Sarah977 that even if you do sign it, the owner is not exempt from responsbility of providing a safe environment which meets relevant laws/regulations. 

[Ratna3]

The fact that the host did not mention any of these disclaimers before the booking (or on the listing) or relayed soon after the booking and rather intentionally waited until the guest can no longer cancel without Cancellation Penalty and then sprung up a huge "bodily injury/death" and equated a stay with a "Surgery" - all of that disturbed me enough the "practices" of that host and his ethics! 

I have reported that host practices to Airbnb however Airbnb took no action thus far as this host has multiple properties - It seems Airbnb does not care too much about bad policies/practices of hosts! 

[Sarah977]

@Ratna3  Well, you have no way of knowing if or what actions Airbnb took- they'd never disclose that information to you. They may have contacted the host and told him that this disclaimer needs to be sent to guests as soon as they book, or that they need to include it in their listing info (you might not see a change on the listing yet, but it may be forthcoming).

 Of course it's possible that they ignored your report- after all, a host with multiple listings may be bringing them a lot of money in booking fees, which, as we all know, is all they really care about. 

[Gray0]

I am one of those hosts that uses a liability waiver, which I present with a new booking request, to be signed at check in. The reason is because I share part of my home at the same time I live there, I have not been able to find any insurance that gives me real liability protection. I actually have a DP 1 landlord's policy with Security First. But in reading all of the disclaimers, and the disclaimers to those disclaimers, I don't have squat protection. Until I find a better company, with better liability coverage, I will continue to use my extensive boiler plate waiver. May or may not protect me against claims, I can only hope. 

[Paul154]

@Ratna3 

I agree that host springing this upon you AFTER the cancellation period is off-putting.

Were you able to cancel this reservation penalty free, because you were not comfortable with the host?

I do like @Gray0 's solution. He presents the waiver at the time of reservation and requires it to be signed.

It also is the only way to create an agreement.

Ratna's host only turns off guests with out creating legal protection. However, it does create the impression that guests don't have rights which they actually do. Which is useful.

[Steven321]

If someone is a guest in my home, just a friend staying over and they hurt themselves in my home I can't indemnify against that. I suspect this would be the case in all 50 states for a non-paying guests. As for a paying  guest, my daughter rents out a room via Airbnb in North Carolina. In the state of North Carolina an Airbnb host cannot indemnify themselves against most of the liabilities mentioned in  these disclaimers. In North Carolina Airbnb host are renting space upon which they pay occupancy tax. Their liability will be no more and no less than that of a hotel.

A word from a good friend of mine who is attorney who insisted that I mentioned that he does not practice area of law totally the following:

If you hurt yourself at someone's home whether you rented it or not you're going to be able to find an attorney to represent to you on a contingency basis if there's enough money to be had. It's America folks. If you get hurt if somebody's rental don't leave without the name of their homeowners insurance company.