thank you 🙂 Airbnb said we can’t give you legal advise sorry your going through this ….
I managed to run the statement of claim through a lawyer for a quick check and it seems like she has no chance but tbh I’m not sure in my faith in legal system anymore!!
Cancellation was Voluntary: The guest voluntarily chose to cancel the booking and seek alternative accommodations. The host did not force or coerce the guest into cancelling the reservation. The cancellation was initiated by the guest and was not a result of any There Misrepresentation by the host.
Punitive Damages Require Willful Misconduct: Punitive damages are typically awarded in cases involving willful misconduct, malice, or gross negligence. There is no evidence to suggest that the host engaged in such conduct. The cancellation and subsequent seeking of alternative accommodations were standard actions following a cancellation, and punitive damages are not warranted.
Mitigation of Damages: The guest has a duty to mitigate their damages by seeking reasonably priced alternative accommodations. Any additional expenses incurred should be reasonable and directly related to the cancellation. The host is not responsible for excessive or unnecessary costs incurred by the guest.
Loss of Enjoyment: Loss of enjoyment claims require substantial evidence of significant distress or harm caused by the alleged misconduct. In this case, the cancellation of the booking and finding alternative accommodations do not constitute sufficient grounds for a loss of enjoyment claim.