AirBNB Violating their own Terms of Service 5.1, 5.3.

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AirBNB Violating their own Terms of Service 5.1, 5.3.

Today, AirBNB has sent out a blanket email to all hosts regarding their cancellation policies. In this email, hosts are being informed that AirBNB is pre-emptively overriding the Host's choice of cancellation policy because AirBNB is once again sucking up to guests and giving hosts the short end of the stick.

Yet AirBNB's own Terms of Service state HOSTS are in control of how you host, setting your own pricing, availability and rules. The ToS also states AirBNB does not direct or control your host service and The Host has complete discretion...."

Can anyone tell me how overriding a Host's cancellation policy is NOT a violation of AirBNB's own Terms of Service regarding Hosting?  ABB is becoming quite the Tin Pot Dictatorship.
_____________________________________________________________________________________________________

5.1 Host
. As a Host, Airbnb offers you the right to use the Airbnb Platform to share your Accommodation, Experience, or other Host Service with our vibrant community of Guests - and earn money doing it. It’s easy to create a Listing and you are in control of how you host - set your price, availability, and rules for each Listing.

5.3 Independence of Hosts. Your relationship with Airbnb is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Airbnb, except that Airbnb Payments acts as a payment collection agent as described in the Payments Terms. Airbnb does not direct or control your Host Service, and you agree that you have complete discretion whether and when to provide Host Services, and at what price and on what terms to offer them.



1 Best Answer
Mike-And-Jane0
Level 10
England, United Kingdom

@Rick4645 if you are referring to the Long Term Stay cancellation policy then Airbnb has done nothing wrong.

They clearly state that if you do not want to be switched from Strict to Firm then you just opt out of the change before a certain date. As such they are not in breach of 5.1 or 5.3.

View Best Answer in original post

10 Replies 10
Pat271
Level 10
Greenville, SC

@Rick4645 

 

This annoyed me as well.

 

Having said that, I’m sure Airbnb and their team of lawyers have covered their bases. I could see them arguing that all of the bolded bits you quoted are still true, and that hosts are still in control of their listings, since they are giving you the choice to put your policy back the way it was.

 

It’s still wrong though, IMO. They should instead leave existing policies alone and give hosts the opportunity to “opt in” to a looser policy. That is the ethical way to handle it, but obviously not the most effective for them. The way they have done it feels very deceptive and manipulative. 

Helen3
Level 10
Bristol, United Kingdom

@Rick4645  I think perhaps you didn't read their email about the change correctly - it's easy enough for you to opt out if you don't want to change your policy.

I disagree. As per usual with Airbnb, the email sounds simple enough but the page I was taken to at first appeared to require that I opt out of each listing individually. If I hadn't taken the time to read the entire page, I would have missed the option to "one click" my DE-SELECTION for the opt out.

 

They also send emails stating a specific listing is deficient for one reason or another, but don't actually tell me which listing. If you only have one listing then no problem. But I co-host about 60 listings and believe me, it's a guessing game at times. Even when I click the link to edit the listing, the Airbnb page STILL DOESN'T tell me which listing I'm editing. This has more to do with Hawaii Tax registrations but come on! How difficult is it to add the name in the email and the listing page to edit so I know which listing I'm configuring? This would be similar to telling a guest I can't provide the listed unit for their booking request but I'll provide "one of my other units instead". The lack of detail is unacceptable.

Mike-And-Jane0
Level 10
England, United Kingdom

@Rick4645 if you are referring to the Long Term Stay cancellation policy then Airbnb has done nothing wrong.

They clearly state that if you do not want to be switched from Strict to Firm then you just opt out of the change before a certain date. As such they are not in breach of 5.1 or 5.3.

I believe the idea here is that if, per the T&C, we are in control of our listings then Airbnb has no right to change anything in our listings without our consent. Forcing us to opt out of a change they intend to make does indeed take control away from us because at a minimum we are unable to simpy leave our listing as we configured it. They would edit it without consent. If I'm forced to prevent the edit by opting out, they clearly have control of my listings, not me. I have to do more work to prevent them from editing my listings and that is not what the T&C state.

Maxine33
Level 7
Alexandria, VA

I was not pleased with this either, I knew the policy I was selecting when I made the selection and found it annoying that I had to go "un-check" my listings in order to opt out.  

 

In their email, they stated a 9% increase in booked nights was the reason for this change. I honestly do not think of 9% as a raving success, especially because the results are skewed towards the people that do not do many longer-term rentals.  Those are the ones that opted into the 'test phase', not those of us who have a one-month minimum stay requirement.  

Patricia2834
Level 2
Marietta, OH

This places many of us in violation of our local zoning laws.  I don't understand why AirBnB keeps doing stuff like this.  Last year it was the service pet policy that said I had to accept any animal including farm animals as service or comfort animals in my house.  I think they need a reality Check really bad!!!!!

Pat 

Robert375
Level 3
Vallejo, CA

True. This is arguable in court, if you did not read the email, for whatever reason, then no communication was made.

 

I have been burned and my guests have been burned  in the past because airbnb changed my settings and I did not see the email. I have specific settings for a reason because it is the only way I can make my rooms available. 

 

Now I have a guest letting me know he can not make the second payment... I thought airbnb collected the money up front??? Is there a new setting that Im missing? Shouldn't this be a part of 'strict' policy? Money up front, no refunds. I am in no situation to do things otherwise as I airbnb a distance away while I airbnb my place. So I need the money to break even. 

It may be time for an airbnb alternative like facebook groups. This has worked well for me in the past. 

If airbnb keeps changing settings in hosts accounts because it is 'more profitable for them' the platform will become unusable for many. More and more hotels will pop up in airbnb because they can allow things like instant book, full refund, etc because they have the ability to do so. Corporate greed destroys what is good about 'tech'. Uber now mistreats and under pays drivers. Airbnb is forcing settings on hosts and in many instances not paying hosts because giving more flexibility to guests makes AIRBNB more profitable at the expense of hosts. The world needs worker owned companies with decisions based on blockchain voting by HOSTS, DRIVERS, etc. Early adopters get evenly rewarded, instead of c-level execs.

Robert,

 

I may have missed a detail since you have multiple posts. While I agree with your thoughts about the Airbnb violation (requiring me to opt out of a change they want to make to my listings), and the fact that they make some changes without announcement (I don't remember when but they eliminated the Covid 100% refund sometime in 2021, I then removed all my Covid specific requirements in my listings, then for a short period Airbnb reinstated the Covid 100% refund without a specific notification and in early 2022 someone cancelled 4 days in advance for a full refund without having to provide any proof of their Covid), you do not appear to understand the Strict cancellation policy. 

 

Your comment is not consistent with the Strict cancellation policy" "...Now I have a guest letting me know he can not make the second payment... I thought airbnb collected the money up front??? Is there a new setting that Im missing? Shouldn't this be a part of 'strict' policy? Money up front, no refunds. ..."

 

If the guest cancels less than 48 hours after booking, they can cancell for full refund. This is modified for reservations made less than 7 or 14 days before arrival.

 

If the gust cancels after the 48 hours but before 7 days? They get a 50% refund, although Airbnb keeps all of their fee. I believe your example occurred during this period because I think Airbnb allows split payments where the final payment is due a month prior to arrival... so there was no need for Airbnb to collect 100% since you would only receive 50% at the time of cancellation.

- Again, the cancellation is different if the reservation was made less than 7 or 14 days prior to arrival... and in that case Airbnb would have collected 100% of the payment.

 

Also your use of the requirement "no refunds" isn't accurate for the Strict cancellation policy... Guests only lose 50% plus all the Airbnb fee normally, except when 7? days from checkin where they forfeit everything.