Ok so airbnb is nothing but a PLATFORM to link guests and hosts together right? RIGHT?

[Donald28]

At least that's what they tell all the cities and counties that sue them. "We don't own properties, we don't manage properties. We're just a platform to link people together".

They are also acting as an escrow to disburse money as agreed upon in the rental contract.. which they are absolutely NOT a party to. 

They are supposed to simply disburse funds to hosts as the chosen cancellation policy contract between hosts and guests dictates. 

So why are we letting airbnb get away with acting like god and doing whatever they want with OUR money? Why are we letting them secretly change the TOS to suit them? 

Watch this lawyers videos. If you're a host who has been screwed over time and time again by airbnb getting into the middle of your contract between the guest and yourself... you need to understand this

Watch ALL of his videos. If any of the mods delete this post, shame on YOU. 

https://www.youtube.com/watch?v=G0-O2kNg_oY

[Mike-And-Jane0]

@Ian-And-Anne-Marie0 I think it will go as follows:

1) Airbnb may get dinged for the no-notice change of terms at which point damages would need to be determined

2) During lockdown in England the concept of the contract being frustrated comes in - As such stays would have had to be refunded anyway so any losses associated with 1) above would be zero.

3) For more recent stays I suspect that more than 30 days have passed since the ToS were updated so Airbnb can apply these as they see fit.

Anyway time and your arbitration will determine if I am right.

[Ian-And-Anne-Marie0]

@Mike-And-Jane0 

Well, that didn't answer the question about  "Attested Covid Cancellations" and how do  those fit into your idea that if no service can be rendered then no fees are due? Whilst all around those cancellations other bookings are still going ahead, completing and being paid, that apart, there being no Covid restrictions in place to prevent a service from completing?

Those cancellations alone are wholly unfounded, and even just in those cases money has been taken from hosts for absolutely no reason and proven by completed bookings at the same time.

1) Airbnb may get dinged for the no-notice change of terms at which point damages would need to be determined

Dinged ?  Airbnb took cash away from Hosts by arbitrarily and stealthily changing the terms of the contract, a move which cost hosts millions, and potentially invalidated each and every one of the Host/Guests contracts. They don't want dinging for that, they need to make right each and every contract they affected and repay every single $ they stole from applicable cancellation policies, the contracts which were changed by the wording change (all contracts) and because this is a contract breach - full payment of the contracts should be made.

2) During lockdown in England the concept of the contract being frustrated comes in - As such stays would have had to be refunded anyway so any losses associated with 1) above would be zero.

That's so cut and dried isn't it? First, Irish Law prevails. And how do the Irish deal with that guest refund and frustrated contract issue? Here is how they deal with it:

Irish government backs business to retain 'guest' payments. Thats' how they do it and that's just one of those many variables that could/would negate or invalidate the frustrated contracts law.

3) For more recent stays I suspect that more than 30 days have passed since the ToS were updated so Airbnb can apply these as they see fit.

No actually. The Terms state that members need to be informed of changes to the Terms by the provision of 30 days notice. That notice still hasn't been given. The Terms are still bastardised and illegitimate.

[Mike-And-Jane0]

@Ian-And-Anne-Marie0 If you read to the end of the paragraph in the terms and services you will see that English law can be used by guests booking in England. Also Governments are not above the law so its actually pretty irrelevant to this discussion what the Irish Government says if it contravenes their laws. 

[Ian-And-Anne-Marie0]

@Mike-And-Jane0 

At the end of the day, these cases are down to each individual arbitrators interpretation of the US/Irish laws (depending on whether the host contracts through Airbnb Inc or Airbnb Ireland UC), and the main focus of the arbitrations is whether Airbnb adhered (or didn't adhere) to the terms of their contract with hosts, and whether or not *they* behaved lawfully throughout, in the handling of the COVID refunds.

When you admit (Point 1) - they would be ‘Dinged’ - Case solved.

Then, attested cancellations question again!!! Why don’t you simply answer the question?

[Mike-And-Jane0]

@Ian-And-Anne-Marie0 

I've changed my mind - It is arguable (and I am sure they will) that Airbnb didn't change their terms or service. What they changed was the extenuating circumstances policy referenced in the ToS. No idea if they will get away with this.

On attested cancellations this is within their EC policy so whilst none of us like it we are stuck with it. Only true way out is to leave the platform.

[Ian-And-Anne-Marie0]

@Mike-And-Jane0 

Not at all Mike. When a footballer makes a foul there's often a penalty to pay. Same here.

In football they don't change the rules without telling anybody. That's the issue here.