Does Airbnb really require hosts to arbitrate a routine error on a payout ? This sees like such an easy fix if anyone at Airbnb would review it. My mesage threds are being closed and this is a serious matter. All hosts shoud be aware of the risk. Airbnd seems short staffed and it may be just too risk to take long term reservations if Aibbn cannot train staf review and appl the policies
i hate to arbitrate, but i am being ignored and this is really serious.
Notice of Intent to File Arbitration
Breach of Contract
Violation of Wisconsin
Delivered to:
CSC Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N Sacramento, California 95833.
Reservation
Confirmation code
**
Cancellation policy Long-Term Stay: Firm
Amount due to Host $6,890 under reservation
Days in home July 15 -26 (date of cancellation
One month penalty $5,077.00
Less Payment $1,2040
Amount due to host: $5,650
Lost booking - $3,500
Other damages TBD
Airbnb Policies
AirBnb’s Long Term Cancellation policy states;
Airbnb's, Long Term cancellation policy applies to all stays of 28 days or longer and overrides our standard cancellation policy for those stays. The Long Term cancellation policy allows guests to cancel for a full refund only during the 48 hours after booking, and only if they cancel at least 28 days before check-in.
If a guest cancels after that, you’ll get 100% for all nights spent, plus 30 additional nights. If fewer than 30 days remain on the reservation at the time the guest cancels, you’ll get paid 100% for all remaining nights.
AirBnb’s privacy policy stateS:
Privacy Policies
What we do allow
Host re-entry: During a stay, Hosts may re-enter their property or enter a guest’s dedicated room in a shared stay when the guest gives the Host permission or when there is an emergency.
What we don’t allow
Physical intrusions: Hosts and guests must not access or attempt to access private spaces unless they have permission or there is an emergency.
In entire-home stays, this applies to the listing itself and its property.
In shared stays, this applies to shared bathrooms when another person is inside, as well other areas where users have a reasonable expectation of privacy, such as a bedroom or private bathroom.
Use of another’s personal property: Hosts and guests must not use the personal property of another unless they are given permission to do so.
Private space interference: Hosts and guests must not interfere with another’s ability to use a private space, such as by engaging in privacy-infringing activities like spying.
Non-consensual content sharing: Private information, photos, or videos of community members must not be publicly posted unless the subject of the post has given their permission.
Security cameras and recording devices: Learn more about our approach to security cameras and recording devices.
FACTS
Airbnb Investigation and an undisputed facts
The reservation was a three month reservation , subject to a the Airbnb’s Long Term cancellation policy
On or about July 14, 2024, the Airbnb guests, Eric and Gina,had a mattress delivered to the home while other Airbnb guests occupied the home and directed Welytok to install it; accommodated them
The Aibnb guests, Eric and Gina ** arrived at my home on July15, 2024 with two large dogs 60- 90 pounds that were not on the Airbnb reservation.
On July 17, 2024, Welytok dropped off items the Eric ** requested at check-in, including a dog bowel, mosquito repellent and arranged to have television and internet device installed, with Eric **present in the home, as part of the check-in follow-up.
Welytok sent a request through the Airbnb Resolution center for a pet deposit and deposit for moving large furniture, after noticing large furniture had been moved up and down several flights of stairs, which was not the norm for any guests
The guests would not agree to modify the reservation, did not want to pay a pet fee or refundable deposits; Welytok contacted Airbnb to help.
On July 19, the guests insisted that Welytok grant their commericial contractor permission for mosquito spaying and other treatments
The guests never paid a pet fee or additional charges, and were reminded to communicate through the portal.
On July 20, Eric ** requested that Welytok make a trip to mailbox the home, to spray the mailbox across the street be sprayed for bugs and close back panel., and directed and that no mail addressed to Welytok be delivered during the stay; Eric ** was present in the home and supervised this action and all communication was on the portal
When contacted by AirBnd regarding the pet deposit, Airbnb states Eric Dailer fabricated a “Trust and Safety” complaint .
Airbnb investigator Alexix claimed Eric ** told Airbnb Welytok “popped in” without notice, but admitted she did not ask for specific incident, if permission was granted or if the guest was present or view the portal
. Welytok offered to produce logs and time records of Welytok’s presence on the premises, and to confirm the guest was present.
Welytok lives in Chicago and never returned to the property after check-in and did not return except for a mailbox repair 2000 yards from the home, with notice on the portal and while the guest Eric ** was present,
There is no indication whatsoever that the guest Eric ** misrepresented to Airbnb that Welytok entered the unit without him present, or in violation of any possible privacy policy.
Eric ** most likely expressed a concern she could “pop in” to supervise landscaping and repairs, and Eric ** likely explained or would have explained to Airbnb elected to cancel the reservation because he wanted to move furniture, bring in his own furntirue and hire his own contactors to landscaping.
On July 26, in violation of Airbnb policy, Welytok received notice that , in error, the Airbnb investigator, Alexis , had cancelled **’s reservation “penalty free” without ever speaking with Welytok or documenting any possible violation of Airbnb privacy policy
The investigator Alexis did not contact Welytok until after the Alexs improperly initiated a penalty -free cancellation, and suspended Welytok’s listings
When Alexis did contact Welytok after taking action , Alexis was very confused and acknowledged the guest did not state that Eric ** alleged Welytok ever entered the home without permission, or without the guests present, and had no details on when an incident occurred , and Alexis had nor reviewed the portal for communication between the parites
Pursuant to the investigation Alexis emailed Welytok for copy of Welytok’s written privacy policy which Welytok provided.
Welytok offered to provide logs and documentation that she did not enter the premises during a stay without advance permission and the guest present. All communication was through the portal.
Airbnb, in error, failed uphold the long terms stay cancellation policy In violation of Airbnb Policy the investigator cancelled the reservation and only paid the host for ten nights, and unlawfully sent the guest a “Resolution Payment “ of $3,800 charged against amounts due to Welytok on July 29th and 30th.
Airbnb has intentionally breached its contract with Welytok by refusing to pay her an amount required for a three month reservation under Airbnb’s long term cancellation policy which requires payment from July 15 to July 26 ($1,813.31) when Welytok received notice of the cancellation, plus and $5, 077.00 for additional thirty days a total amount of $6.9890.00
Airbnb paid Welytok paid $1,200 . The balance due to Welytok pursuant to the long terc cancellation policy is is$5,789.00
In violation its own investigation results and policy, Arbnb sent the guest who were in violation a $3,800 refund to be charged against Welytok’s two upcoming payouts for guests checking in on July 28th and 30th
Welytok is literally forced to host to admit guests on the 28th and 30th for several weeks and month without payment for the use of her property and services to fund the illegal $3,800 “Resolution Payment”
Aibnb intentionally Airbnb initiated a cancellation, without providing the requiered notice to Welytok of the cancellation prior to July 26 so she would know the premises was unoccupied and unsecured; Welytok’s front door and doors were left wide open with air conditioning on, water running on for five days
Because all payments due to her for other bookings have been suspended Welytok is unable pay to restore the home and provide the require receipts in support of a Host Guarantee Claim,
Eric Decker and Gina Decker’s large dogs and moving of furniture caused approximately $1,400 of damages and additional cleaning and services to the home which Welyok cannot pay due to the suspension of he payments owed to her ; s host guarantee claim takes several weeks to process
Welytok will incur $225 in mortgage penalties and an additional $150 late due to the sudden suspended of all payments to her to fund an unauthorized $3,800 payment to the Eric and Gina Decker , without any notice to Welytok
Airbnb has intentionally breached its contract with Welytok by cancelling a reservation ”penalty free” in violation of its own policies, and did not conduct a valid investigation in violation before suspending her listings; Airbnb attributed false statements to the gues also exposed the guests to liability for statements they did not make. (Exhibit A- texts from guests)
While Welytok’s bookings were iproperly suspended, she was unable to accept a $3,500 booking request. (Exhibit B- booking request)
Airbnb has intentionally breached its contract and refused communicate with Welytok to stop the payment the $3,800 payment process when Welytok immediately notified Airbnb of he error by the Ambassar or Alexi and violation of its own policy
Submi
**[Reservation number and names hidden due to privacy concerns - Community Center Guidelines]