Smoking isn't "damage" and there is no such thing as a deposit. Oh and your house rules mean nothing

Amy-and-Brian0
Level 10
Orlando, FL

Smoking isn't "damage" and there is no such thing as a deposit. Oh and your house rules mean nothing

After weeks of back n forth with "Support" on an open Resolution Center ticket about someone smoking cigars in our condo, where we had to replace the air filter on the A/C, buy those anti-smoke air fresheners, clean all the sheets twice (because they smoked in bed of course), we were denied an extra cleaning fee with this reason:
"I noticed that you are requesting compensation over a smoking fee, please note that we can only compensate for physical damages, as a third-party not present during the reservation, we can't charge the guest for non-physical damages, because there is no evidence that the event has caused lasting damage."

 

So your house rules about no smoking that people must agree to?

Worthless. Smoke up Johnny! AirBnB don't care.

 

And your "Security Deposit"?

Yeah, that doesn't exist because a "third party" is deciding what's damage.

 

But the IPO is coming up, so that's nice.

 

44 Replies 44

  @Sarah977 . There are a million very successful businesses that do things totally different than Airbnb; but it serves all hosts well to at least understand what makes this company tick.

   Amazon? That is a whole other story and a most 'intriguing' one. 

   

@Robin4 - you need another bottle of Ranch dressing. 🙂

That cigar smoke alarm looks like it might be a winner - however we've had guests take a broom to our smoke detectors in the past and all that did was create another Resolution Center request for a broken smoke detector...

We too have STR property insurance - and an umbrella policy. 

But that's not really relevant to this situation. 

We just want an extra cleaning fee, which is more than reasonable, for having to do a lot of extra tasks and buy extra stuff to get rid of the stink.

@Amy-and-Brian0 

 

Negotiating a rate of damage after the event is the main stumbling block with these issues. I was advised to include the damage fee in the House Rules so that should the consequence of such damage occur there is no negotiation on the amount of damage charge. This we did. In my opinion this is a clear, straightforward explanation and resulting action for non-compliance.

 

We don't allow smoking in our House. We make this clear and we state the consequences. 

 

Here is the No Smoking excerpt from our House Rules, and which all guests agree to prior to booking :

SMOKING POLICY No smoking and no vaping are permitted anywhere inside the property. If any guests are observed smoking inside the property the whole group will be requested to leave. If you wish to smoke/vape, please use the patio outside the kitchen and close the door. Please ensure smoke does not blow into the barn. Do not dispose of cigarette ash or stubs in the indoor rubbish bins or litter anywhere around the patio or the garden. We reserve the right to charge a £250 instant penalty, plus claim for any other extra fees including but not exclusive of cleaning, damage and future lost business if the barn or hot tub smells of smoke or contains cigarette related litter or related damage.

 

There will probably be battles still to fight even with this, but negotiating down from 250 (which is our damage deposit value) is easier than negotiating up from zero.

 

@Ian-And-Anne-Marie0 - we have almost the exact same language. Plus signs all over the condo. 

@Amy-and-Brian0 

In the UK there's a requirement to register guests on arrival. This is against Airbnb policy of obtaining guest details, but still, a legal obligation.

 

Breaking House Rules are not limited to Airbnb's judgemental jurisdiction. If the damage was serious enough to warrant a civil claim, then a host would certainly be able to exercise that right.

 

Next step after failure for recompense via Airbnb would be Small Claims Court. There, evidence would be a necessary requirement. You seem to have that - as well as a booking contract with restrictions. You might find that a solicitors letter to the guest might promote a more favourable response and equivalently the urgency to arrive at an amicable solution.

 

This would be a consequence of Airbnb not upholding the Host/Guest booking contract incorporating your House Rules, asserting those with the guest would be completely legal.

@Amy-and-Brian0 

WOW, that's a puzzling one, why would anyone take to a smoke alarm, which is there to protect them (with a broom) and doesn't detect cigarette smoke anyway? What's that old saying...."Some mothers do 'ave em" !!! 

Yeah, nothing is infallible guys! If someone is hellbent on breaking your house rules or doing something illegal, you can't stop them....prisons are full of rule-breakers.

My rationale with the cigarette smoke detector is, I make the perceived risk not worth it for the guest. Most guests I don't even make mention of it when I do a walk through with them other than to say it specifically detects cigarette/cigar smoke and is an adjunct to the other smoke alarm in the ceiling. They are not smokers, and are pleased to know the extent we go to to discourage guest smokers. It is seen as a plus for us straight up front.

But if they are smokers, I will explain that as well as giving a high pitched scream the detector will send an alert to my mobile phone which is time stamped in the message stream.....that is bull, it won't but, the guest doesn't know that, and in the 18 months I have had it installed not one guest has put it to the test. Before, I periodically had smelly linens and towels to deal with....not any more, it was the best $62 I ever spent! 

 

Brain, or Amy, look I understand just what you are saying and you are absolutely right. You should be able to host with confidence that.......you do your part, Airbnb will do theirs, that's only fair, but Airbnb are not big on 'fair'! Just reading the TOS graphically illustrates how weighted against the host the rules can be interpreted by the company! And if you don't like it, stiff, no matter how many times you (an others) run into the same brick wall, you have to agree not to indulge in any form of class action against Airbnb if you wish to use the service.

(19.11 No Class Actions or Representative Proceedings.)

This is not just some CX guys interpretation of a rule or two.....this is company philosophy right from the top down, through marketing, finance and legal depts. The wording of the TOS did not fall out of a half empty chaff bag.....it's been carefully crafted to give Airbnb a rabbit warren of escape clauses to disappear down!

You can scream, it's not fair till the cows come home....that won't change anything.

Like so many before you, you can ask for extra money to cover extra work which you have legitimately gone to in order to maintain a standard which one of Airbnb's guests has jeopardised by breaking one of Airbnb's rules, but, I reckon you have got two chances...... None and Buckleys!

 

The best advice I can give you is....protect yourself, cover your bases and don't depend on  Airbnb to come to your assistance, they might, but there is a strong possibility they won't, and by trying to make them abide by something they might have said as a sales enticer, all you are likely to do is shoot yourself in the foot!.

 

Those cases that do get a bit of attention tend to be the higher profile ones that get some media coverage. Airbnb are not sensitive to many hosting issues but they are sensitive to having their dirty linen aired in public!  

 

Cheers........Rob 

@Amy-and-Brian0 

 

 

5 Things You Should Know About Tenant Smoke Detectors

  1. You must ensure that, upon each new rental agreement, smoke alarms are in working order. You might even want to include this in the lease! Have the tenant test the smoke detector and initial beside a clause in the lease that states that smoke alarms are working. This will protect you from any potential lawsuits should there be an emergency situation.
  2. Smoke alarm placement and type cary by state. Check your state’s requirements to ensure that you are following protocol with placement and alarm requirements.
  3. Tenants are generally responsible for replacing smoke detector batteries.  Show your tenant how to test the fire alarm upon move-in (normally, it can be done with the push of a button) and ask that they do it bi-weekly, or even monthly. This will prevent any confusion surrounding dead batteries or alarms that fail to trigger.
  4. You are responsible for replacing a broken alarm. But, it is the tenant’s obligation to give official written notice of a broken fire alarm. Tenants must diligently test the detector, replace batteries, and monitor smoke detectors so they can report broken alarms in a timely manner.
  5. A tenant removing a smoke detector is illegal in most states. As long as you provide tenants with 48-hour notice, you are able to enter the property and check that the smoke detector is functional. In the event that it is removed, you can provide the tenant with 10 days to re-attach the smoke alarm or vacate the premises.

@Robin4

 

"if you don't like it, stiff, no matter how many times you (an others) run into the same brick wall, you have to agree not to indulge in any form of class action against Airbnb if you wish to use the service"

 

In addition to thousands of arbitration cases currently in process, there is now also a Class Action suit being prepared in California, where Airbnb and Airbnb Payments are located.

 

While you're absolutely correct in that there is a class action waiver clause in the Airbnb Terms, solid evidence has been gathered to support the argument that Airbnb terms are unlawful under California Law. A class action against Airbnb is being prepared as we speak, based on the following arguments:

 

  • The class action waiver clause in the Terms of Service and Payment Terms is invalid and unenforceable.
  • Class plaintiffs’ are seeking declaratory and injunctive relief that can only be pursued in court on a class action basis.
  • Airbnb has ‘waived’ the class action waiver clause in its Terms.
  • Airbnb’s dispute resolution and mandatory arbitration clauses do not apply to the claims being pursued.

As part of both the arbitration and Class Action processes, it is proposed that Airbnb be compelled to amend/abolish the more abusive and exploitative (and/or unlawful) policies and practices in their Terms of Service. So those who have had the courage and tenacity to stand up and fight Airbnb in the pursuit of a fairer, more equitable, more ethical operating environment are not only fighting for themselves, they're fighting for all hosts - even those who bury their heads in the sand and seem perfectly willing to turn a blind eye to the systematic abuses and injustices being visited by Airbnb upon their fellow hosts on a daily basis, simply because things are going just tickety-boo for them personally (for now, anyway) and they don't want anyone rocking their little boat. 

 

As part of Airbnb's IPO processes, the company will be required to disclose to the SEC and to potential investors, any and all legal and/or regulatory proceedings that are being pursued against them. Consequently, it's in Airbnb's best interests to adopt a fair, balanced, reasonable and perhaps even conciliatory approach in these matters, particularly given the tricky pre-IPO timing and the sensitive position these current and pending strident legal challenges place them in.

 

Ain't nobody pissing in the wind here, Rob - you can be assured of that. 

Penelope

@Fred13 , @Robin4, @Amy-and-Brian0 @Sarah977 @Ian-And-Anne-Marie0 @Inna22 @Laura2592,  

 

Thank you for sharing your experiences.   We've been hosting for about 2 years now and it seems a few times a year, we have a really bad experience.    A week ago, a group of 6 just checked-out after breaking many house rules:   smoking pot (on the security camera's), unauthorized guests (on security camera's), unauthorized parking (on a fire easement again on security camera's) and eating and drinking in the bedrooms that required laundry of every piece of linen we had, down to the mattress pad.   

 

I will leave an honest review.  I've decided that "hosts" are my community and protecting each other is more important than perpetuating bad guest behavior.  If we don't call out bad guest behavior it will never change.  

 

After, many calls and follow up with AirBnb we found that there is no support for these marketing bites: "establishing and enforcing stronger guest standards" and "protecting hosts from bad guests".

So what are the standards?

 

  1. Excessive noise: 
  2. Major cleanliness concerns: 
  3. Unauthorized guests: 
  4. Unauthorized parking: 
  5. Unauthorized smoking: 

 

The service we received from the resolution center has been less than satisfactory. 

So, my question is how to you protect yourself?  I love the no-smoking alarm and had no idea that existed.  What other things do you use?   And, are you using another platform that is more host friendly? 

 

Would love to hear your insights. 

Marsha-And-Bill0
Level 2
California, United States

@Amy-and-Brian0   Next time that happens call serve pro and have them give you a quote for smoke removal as proof.

Alicia496
Level 2
Mission Viejo, CA

It is 2 in the morning here and my guests just left after being confronted about smoking marijuana in the home. They said that they were not and felt uncomfortable. My entire home stinks, and they left evidence of smoking which I took pictures of for Airbnb resolution. After reading this it does not sound like it is worth the hassle.

 

Nothing to loose by at least trying @Alicia496, but perhaps best approached with a realistic attitude and not waste too much time on the issue. Good luck.

Diana103
Level 6
Oceanside, CA

It’s really sad!  I’ve had a bad experience as well.  Airbnb lets guests

thrash our homes, not follow

rules and even jeopardize the city allowing us to rent.  They refused to pay out extra money for cleaning from the security deposit. I clearly state that my cleaning fee is low but if peiple

dont want to wash dishes, my housekeeper will do it for $35.  Also if they refuse to follow the city ordinance of removing their trash themselves...she will do it for $35.  So here Airbnb is asking for referring new hosts...paying $725 for each referral.  But yet, won’t pay a couple hundred extra dollars for ruined blankets, broken toilets and 8 hours of cleaning!  I have removed all three of

my listings waiting for resolution to my Juneteenth guests.  Airbnb doesn’t care!  I would love to stay with them as I’ve been a superhost since I started.  But I can’t afford to have my house destroyed by the people they allow on their site.  I have repeatedly asked for Airbnb to ban the guest.  No word on that!

Susan1416
Level 2
Omaha, NE

Wow.  I am in the middle of a Reimbursement request due to over $2,000 of damage to my cabin.  I gave the guests a negative review (after reading two other nicely-worded negative reviews) and am wondering what DOES it take to get a guest banned?
The amount of work required to prove what was broken/stolen/worn/used is staggering.  Not only do I need to provide pictures (which I understand) but I need to provide the lowest cost item to replace it.  The time and effort to do this is crazy; i'm not even itemizing the labor, tax, etc. to replace items or fix damage.  I am losing sleep over this.

~Mark and Susan
Pete69
Level 10
Los Angeles, CA

I know this is an old thread, but it's worth repeating... Have the words "no smoking" in your title. You have to scare the smokers off early, as they are browsing listings. Also, of course, have your no-smoking rule mentioned in the description and rules. And have no-smoking signs posted inside the stay. And finally, have "no smoking" be your WIFI password. Beyond that, welcome to the accommodation business. Some people will break the rules. You'll have to pay to have the carpets cleaned more often. Raise your rates accordingly.