Guest legal claim for damages due to cancellation (UK)

[Nick30]

I contacted Airbnb customer services 3 days ago about a serious legal issue that has arisen due to a cancellation of a reservation. The cancellation was made due to a maintenance issue for which Airbnb waived any penalties on my account.

The guest has written to me indicating that they intend to pursue a claim for damages under the Consumer Rights Act for breach of contract for a significant amount of money. At the time of cancellation Airbnb provided the guest with a travel voucher which they used to book alternative accommodation.  This amounted to more than double the original reservation fee. 

I have yet to receive a response from Airbnb and I'm concerned that there may be a misunderstanding in the way the case has been opened by the customer service agent, who opened the case under my travelling account. I fear that the support case may have been flagged in some way in the belief that I am the one making a claim against Airbnb. I have spoken to customer services on three occasions, each time being promised that the case is being escalated and that I will receive a call back.

This really is an urgent matter and I'm hoping it can be looked at by a member of the response team in the UK, who can better understand how to respond to the guest and where I stand legally.

I've been a Superhost since 2014 and would really appreciate some advice or if possible for one of the community managers to help.

Nick

[Colleen253]

@Nick30 To clarify, the guests were refunded over and above the cost of their stay, and you’re not actually facing a lawsuit as of this moment? The fact that this person wrote to you that they ‘intend’ to pursue a claim for damages sounds like an intimidation tactic, perhaps meant to garner some money from you, in return for abandoning any legal action. It’s extremely dubious they have grounds for seeking damages. 

[Nick30]

Thank you Colleen, the guest received a refund and a travel voucher which they used to book alternative accommodation at over double the original reservation fee. They have made a claim of breach of contract and have given me 14 days to respond. I believe I will have to seek professional advice on this but I fail to understand why Airbnb aren’t responding given the guest has rebooked alternative Airbnb accommodation at a significantly higher rate.

[Helen3]

If the guest is suing you then it's up to you not Airbnb to respond . Unless they are jointly claiming against Airbnb.  @Nick30 

I don't think you need professional advice but if you feel you do your home insurance for short term rentals may have a legal advice line you can call. 

From what you have said the guest has no case just respond - (I presume to a small claims court application) citing the extenuating circumstances policy  you cancelled under and confirm the guest was offered a voucher giving them twice the value (very unusual they normally get 10% of the value booked)  which they used fir alternative accommodation. 

[Mark116]

@Nick30  If they were given a refund, and the cancellation was, even according to Airbnb, valid according to TOS, what are they suing for?  What do they want?  

I won't say I 'can't imagine' they would win, since strange things happen in the courts these days, but it seems pretty unlikely they would win anything.  You will I believe, at least it is this way in the UK, have to do whatever formal response is required to ensure they don't get a win only because you have not responded.

Airbnb is useless in these cases most of the time.

[Lawrene0]

If this helps, @Nick30 , I do know something about use of the traveller account for host issues:

When I have had to contact customer service about an issue I am having as a host -- whether a calendar glitch or help cancelling a guest in a flood -- they have always used my traveller inbox for follow-up correspondence. It's pretty annoying, since I don't look there first, but it seems to be the default. 

I know it's disconcerting, but I wouldn't let that be the reason for worry that they think you are the suing party. If something in the message indicates it, then, yes, go ahead and worry...  

Hope everything turns out okay. Will you let us know?

[Sarah977]

@Nick30  Seconding Lawrene's response, all interactions with customer service have always appeared under "travelling", even though I have never beem a guest, only a host. Seems strange, but so it is.

[Sarah977]

@Nick30  Seconding Lawrene's response, all interactions with customer service have always appeared under "travelling", even though I have never been a guest, only a host. Seems strange, but so it is.

[Mike-And-Jane0]

@Nick30 What 'Loss' are they claiming for? If there is no loss then they will lose. As Airbnb took the booking the guest should be claiming from them not you. I would, however, inform your insurance company just to be on the safe side.

[Branka-and-Silvia0]

@Nick30 

Maybe your guest used Booking.com in the past and thinks the same rules apply on Airbnb as well but they are not ( good, bc I quit Booking because of it)

On Booking.com, if the host cancels and guests can't find another accommodation in the same price range then the host should cover the difference. But Airbnb doesn't have such a policy. If the host cancels then the guest is refunded and sometimes gets a voucher of 100$ for his inconvenience and that's it.

The guest is dealing with Airbnb, the host is dealing with Airbnb. The guest and the host have to agree to Airbnb TOS and there is no clause saying in case the host cancels then he has to pay the alternative booking.

If the host is penalized or not by Airbnb for cancelation is not the guest's business. It's between Airbnb and the host.