Damage dispute with host/ airbnb resolution- no justice!

[Charlie510]

Hi all,

I was hoping someone could please advise on the best way to handle this issue as the level of injustice my partner and I are feeling is huge at the moment. We literally feel persecuted, half the holiday was spoilt and we're being asked to pay out 164 euros for something which was not our fault.

Here's the story:

We both have Airbnb profiles with multiple previous trips and 5 star reviews from all our previous hosts. My partner booked the trip on her profile (unsure if there's a way to add my profile to the booking).

We travelled from the UK to Galicia in Spain for a 7 day holiday in an airbnb apartment.

Early on in the stay, one end of the sofa bed collapsed the first time I sat down normally on it.  When I sat down on it, some of the structural timbers, which were held together with staples, came apart. Luckily, I was able to instantly stand up as it collapsed. With there being no arm rests on the sofa, someone less fit and strong than me could have easily fallen off the sofa and hit either the floor, window or kitchen units.

In accordance with Airbnb rules we promptly informed the host who immediately blamed us for misusing the sofa or having an "accident" on it. She never specified how she thought the 3 person sofa could have collapsed under 1 person due to alleged misuse or "accident". She claimed the sofa was "new" and immediately filed a claim for damages through resolution centre for the full purchase price of the sofa. The receipt she included as evidence showed the sofa was 3 years old with a purchase price of 200 euros.

The way she went about this came across as antagonistic, sarcastic, offensive and intrusive - after we reported the damage she came back to the apartment while we were attempting to relax on the terrace and insisted we spoke with airbnb on her phone. When we checked out she referred to us a "happy people" and made a gesture of a large waist circumference. I'm 6'2" tall and 90kg and was surfing every day of this holiday however it would have been offensive regardless of whether it was true. It spoiled a good 50% of the stay and seemed so unnecessary as she could have filed the claim after we checked out?!

Anyhow.

Airbnb have reimbursed her 164 euros already and have ordered us to pay up. We have already appealed once. Airbnb are not actually discussing or refuting our points/ reasoning either so it feels like the whole process is somewhat pointless as they will not engage in discussion about the incident.

The pertinent points which airbnb will not discuss or refute are:

1. The 3 person sofa collapsed during normal use when 1 person sat on it the first time- Therefore there is no evidence or apparent means or explanation (only two people were staying in the apartment) regarding how we were to have allegedly abused, overloaded or had an "accident" on the sofa.

2. The sofa is demonstrably of poor quality, literally the cheapest sofa bed of its type on amazon and appears to have been used in a commercial setting for 3 years (despite being described as new by the host?!)- I have found multiple sofa buying guides and they all state that staples alone are not a suitable means of joining structural timbers together on a sofa. I can demonstrate the substandard joinery methods with photos showing the separated timbers and exposed/ torn out staples.

3. It is normal for items including furniture to fail during normal use- everything has a lifespan (a short lifespan when you buy the cheapest) and once that lifespan is at an end failure will occur. Guests should not be forced to pay for accumulated wear and tear which are normal costs associated with running a business let alone have half their trip spoiled and be insulted upon departure.

Can anyone suggest how best to deal with this or how it can be escalated to someone in airbnb who will discuss our concerns/ points? We are appealing a second time already, if that's even possible, simply because the agent we have been in contact with has not discussed or refuted any points at all- seems to make the whole process a bit pointless.

Can airbnb cancel any future trips we have booked and paid for if we refuse to pay for the hosts failure to provide safe furniture?

Could I claim off my travel insurance if we are forced to pay?

Are there any bits of guidance from airbnb which I should check out or which could help?

Thanks in advance 🙂

[Mike-And-Jane0]

@Charlie510 I would refuse to pay and let Airbnb take me to court. That way THEY would have to prove the facts of the case. I don't know what then happens to your other reservations.

Having said that are you sure you did nothing wrong? It does appear that the sofa had survived 3 years so maybe you did sit down heavily on it?

[Charlie510]

I was thinking the same re going to court, just need to clarify what happens to the other bookings. If we've already paid in full for those you would think it would be unlawful if they interfered.

I sat down normally on it, there was no abuse of the sofa. This weekend just gone we stayed in an airbnb and I sat on the sofas over and over again and none of them collapsed- we got a great review and gave a great review. Likewise I've never had a sofa collapse under me during 34 yrs, even 200 yr old antique sofas.

Sitting down heavily however, is normal for many people, especially older adults with knee problems who attempt to sit on low sofas like this one was. There cannot be an expectation that everyone can descend into a deep squat position at a slow rate, even if you or I can- this is a somewhat ablest assumption much like the hosts "happy" comment and gesturing to waist circumference. If a 3 person sofa collapses when 1 person sits on it (within a two person booking) my immediate suspicion would lie with the integrity of the sofa but this hasn't even been considered despite there being more evidence to support the assertion that the sofa was substandard than it having been abused.

There simply weren't enough guests present to technically overload this sofa, not that the sofa had any weight limits stated. I can prove that the sofa was of substandard quality and designed/ manufactured to fail in this way.

I feel this safety issue has been completely overlooked by airbnb - I dread to think what would have happened if a person with knee problems had sat on that end of the sofa (its the most accessible end), the sofa collapsed and due to there being no arm rest they fell off as the seating lurched down at an angle. Doesn't bear thinking about.

[Kia272]

@Charlie510  I wouldn't pay. A broken sofa bed that has been in use for three years is a cost of doing business, and the host should know that. There were many, many other users prior to you, and that means wear and tear. The host knows that she bought a cheap sofa bed, and she should not be attempting to bill you for it. 

Her behavior (there are two sides to every story, but you sound credible) also sounds inappropriate. 

AirBnB is simply attempting get the funds from you, but there should not be any repercussions if you don't pay. I'm surprised that they paid the host at all, actually. 

If you haven't already, leave an appropriate review for the host and just walk away. Chalk it up to a bad experience and move on. If she leaves you a bad review, respond to her review (on your profile) with a calm and professional response. That will help to reassure other hosts for your future bookings. 

Kia

[Charlie510]

Thanks Kia,

Yeah it does come across as an attempt for them to recover costs via any means possible including making a decision which appears contrary to available (limited) evidence. It's not good customer service that's for sure and we won't be using airbnb again in a hurry.

We haven't reviewed her and have lost the opportunity now but she did leave us a somewhat negative review- i'm in two minds whether to politely and calmly reply as you suggest or to get it removed on the basis that she has again lied about the sofa being "new" when the receipt she submitted shows it's 3 years old. Maybe it can be removed due to it being partially factually wrong?

Do you think not paying could affect our already paid for future bookings?

Thanks 🙂

[Bhumika]

Hi @Charlie510 ,

It seems like the team has already been in touch with you regarding this situation and provided information from their side. 

I have also shared your feedback and concerns regarding this matter with them so that they can get back to you.

[Charlie510]

Hi Bhumika, thanks for the reply.

I'm afraid there has been no concise reply to our concerns or replies to our evidence.

The evidence they have supplied doesn't appear to support their stance.

I would appreciate it if they would get in contact with me because I am the guest who suffered the sofa collapsing underneath me when I simply sat down normally on it. Luckily I wasn't injured but it seems that my partner is being forced to pay for me having the privilege and it is extremely unjust.

Thanks

[Charlie510]

Hi Bhumika

Your colleague said he was looking into it but Airbnb have now taken the money and he has closed the case without replying to any of our concerns

Do you think it's satisfactory to pay so much money to stay in an Airbnb apartment only to have the 3 person sofa collapse under the weight of 1 person (within a two person booking) and then be charged for the privilege?

Not to mention the injury risk from this incident...

I would be grateful for justice in this case. Thank you 

[Bhumika]

Hi @Charlie510 ,

I am sorry to hear it and I understand that you expected a different outcome!

As we are not a part of Airbnb Customer Support Service, we don't have the tools to follow the case and look further. I believe the team has already relayed the necessary information to you!

If you would like, please feel free to reach out to Customer Support regarding the same.

[Charlie510 · Accepted solution]

Hi there,

This has now been resolved and my partner has been refunded the money which was charged. I assume aircover are paying the bill now.

Sadly it has been a long winded stressful process to justice but we have got there and sent thanks to the supervisor who sorted this out.

Thanks for hearing me out