Airbnb kicking us out without a previous warning, saying no refund will be given

[Elena3464]

So three of us rented a holiday apartment for a month and since the first day we could notice that our downstairs neighbour, a grumpy man in his 60s, was unhappy with the very fact we were there. Every time we'd be outside having a drink, having a conversation, he'd be looking up at us from his terrace as if looking for reasons to complain. We're working during the week so most time we're quiet as mice. However, not going to lie - there were a roughly 2-3 nights when the chat got a bit louder. No aggression, no fights, just friends having a laugh. Immediately, the police were called. They left without doing anything, however, after about an hour came back again following another complaint. Again, left without doing anything as clearly there wasn't enough reason to issue a fight or anything. Couple of days ago we were just having a chat in the apartment- all doors closed and the apartment has a decent sound isolation. However, that didn't stop out downstairs neighbour knocking on the door. Dammit I wish I had recorded it. He was shouting at us, saying "you do this every night (not true), and "go home". We didn't even understand what was going on as we were just having a social conversation! 

The next day got a call from Airbnb saying that the accomodation was cancelled and money for remaining nights won't be refunded. 

Really not sure what to do now, doesn't seem fair to be kicked out just because of some unreasonable, unhappy persons complaints. We're in a holiday island and noise is everywhere. Got super loud neighbours on the other side of the road and sometimes can't even sleep because if the noise they make; dogs next door are barking like crazy all night - we probably could've complained about that and gotten our money back but didn't even care, just accepted this as a minor inconvenience. Yet this person is pretty much picking on our every nice and Airbnb is just going along with it. 

We spoke to Airbnb and tried to explain this neighbour is difficult to deal with but they do didn't want to listen, just said we have to move out asap. We were never given a warning or anything. Is thi even legal? Can anything be done about it?

 Apologies about the long post, just wanted to describe the situation as accurately as possible.

[Dora486]

Did the listing have quiet hours specified?  Drunk whispers can quite often be amazingly loud.

[Elena3464]

@Dora486@They had no policies on quiet hours/ unegistered guests or anything else. And if the host wants to cancel, fair enough, but I don't see how they can refuse to refund remaining nights without any legal base whatsoever 

[Elena3464]

It also seems that whenever our neighbour was unhappy with what was going on he would take a video of us in our accomodation- I doubt this is even legal?

[Dora486]

Videos in Spain a huge no no.  We can’t even have a Ring doorbell.  Perhaps your host can enlighten you?  

[Elena3464]

@Dora486  @i actually have an app the records every call automatically. Therefore I have an agent on record saying they have a video of us sent by the neighbour

[Sarah977]

@Elena3464   While hosts often  put wording in their listing info re unregistered guests, quiet hours, etc, in order to drive the point home, it is never okay to have people over who are not on the booking unless you have obtained permission from the host. 

And no one should have to tell you to keep the noise level down in the evening. This is a matter of basic respect when there are close neighbors who can be disturbed.

It's very hard to believe that the neighbor was angry about your behavior if you were being respectful. Especially if, as you seem to think, he is friends with the host- he would not be inclined to report guests who are causing no problems.

[Elena3464]

Them being friends/ acquaintances (obviously I have no way to know for sure) could just as well mean that the host is well aware of their difficult personality and therefore is trying to avoid any further argument with them.

Will repeat myself - were not blameless here. However, it doesn't make it right to film someone in their accommodation without their permission (according to another contributor it's illegal in Spain).

I should've probably been more specific - we'd be more than happy to move out of this place. What I want to know is what legal basis does the host have to keep our money - there's nothing in their policy to support this. There's no damage to the property. No police fines. It's not about moving out, it's that we believe we should get our money back.

[Andrea4731]

Their legal base is that you broke Airbnb’s and their house rules. They are not required to refund any money. If the neighbor had video I would assume it would be while you were out on the terrace being loud & he got evidence to back it up. 

[Elena3464]

The host had no rules specified in their listing. There's  no damage to the property. No fines have been issued. All complaints are coming from one person who stands in his terrace all day watching everyone.

I think it's only fair to ask that if the host wants to keep our money we should have an explanation as to what allows them to do that.