Lawsuit againt AirBnb regarding a payout

[Rafa-And-Ghis0]

Hi all ! Does anybody know about lawsuit againts Airbnb, can we do it in our city/country ? The resolution center is giving us 1/5 of the price of a oven broken by a client. The replacement was 1700$ and they give us only 349$, we can not accept this amount and they say it's a final decision. We would like to deposit a lawsuit at the small court claim in quebec city. Thank you !

[Richard943]

was the oven brand new on the day the guest broke it?  Or had you and other guests already had use from it? Im not saying that 349 is the right amount, but very few insurance policies will cover an appliance as 'new for old' under such circumstances.  

[Rafa-And-Ghis0]

Hi Richard, thanks for the answer. The oven that was broken by a guest was 5 years old, and we both a new one to replace it for 1700$. I really think 349$ as a resolution payout for the new one is way too low.

[Richard943]

I do see your point, but how much is a 5 year old oven worth? Probably a lot nearer 350 than 1700....Youve had 5 years of value from it.

If i were you id check the small print on the airbnb host cover they offer in your country and also your own landlord / homeowners insurance before you think of suing for damages. Ill bet you'll find 'new for old' doesn't apply. 

[Rafa-And-Ghis0]

A new for old is one thing I agree, to receive more then 349$ because a guest broke a perfectly working oven is a other. I think their should be a fare ajustment, and this is not. We as host are working very hard to have satified guest, if they brake something, they should pay the real value for it (not new of corse). I ask for a 500$ deposit for guest, and airbnb don't give even this amount (what I still think is low). We will see, but your points in interesting. 

[Ian-And-Anne-Marie0]

@Richard943  I would agree that insurance companies will mitigate their losses somehow but a perfectly good oven should be replaced with an equally perfectly good oven. This is not just regular owner damage, this is third party damage and should be dealt with as damage caused by misadventure or even malicious intent. Ultimately, it is the guest who is responsible for this damage, they should be made to pay for it, but are shrouded by Airbnb. Perhaps some personal responsibility would be beneficial for all parties here.

For @Rafa-And-Ghis0 there is certainly the option of a small claim, but also too of Airbnb arbitration.

[Rafa-And-Ghis0]

@Ian-And-Anne-Marie0, thank you for your response. Do you have some infos or experience with the arbitration, because airbnb said it's a final decision, and they will only moove if their is a claim at the court. This answer was surprising to me, imagine, anyway, I agree toward your comment " the guest should be responsable for the broken oven as damage caused by misadventure or even malicious intent". 

[Ian-And-Anne-Marie0]

Hi @Rafa-And-Ghis0 

I would not accept their offer. I would pursue full payment whatever way possible.

I found another similar thread here about a broken stove for you:

https://community.withairbnb.com/t5/Hosting/1-500-in-damages-but-the-host-guarantee-won-t-cover-it/t...

I contributed there and it was revealed there that the depreciation was calculated against the new stove cost rather than the original items cost which was highly irregular. 

and one about arbitration here:

https://community.withairbnb.com/t5/Hosting/My-Arbitration-Experience/td-p/640858

The arbitration thread author suggests you deposit a lawsuit.

You can search for arbitration and host guarantee, or stove, or cooker, or Range in the "search the community " box (top right of page).

Good luck with whatever you decide.