Legal Action: Fraud

[Ruth1223]

Booking Made for March 15-19th.

Total payout would have been $5491.56.

Guest Profile instant booked. Profile had 2 previous 5 star reviews. 

Communicated with guest throughout the reservation. No red flags. Guest left me a 5 star review and I did the same. 

On March 25th, I noticed the payment still said pending. I dont check this often since I have a day job. big mistake. 

I contacted Airbnb to inquire. They said they would get back to me. 

On March 26th, I got a notice from Airbnb stating the reservation was "doesn't appear to be legitimate" and was cancelled. Payment was refunded. 

When I ask for more information, Airbnb states they cannot tell me anything further due to privacy.

I have the Guest's phone number that was on their profile before it was suspended.

I also have the license plate, name, phone and address of one of the persons who ACUTALLY stayed there taken from my security cameras. Both was from the same town but I don't have confirmation if they know each other. 

I do not know if the Guest profile was hacked or if they are involved. 

I would like to take further legal action.

1. Go into Arbitration with Airbnb

2. Contact the guest's profile phone number and request payment.

3. Contact the person who owns the car and request payment and take to small claims court. 

Any advice or insight is greatly appreciated. 

[Mike-And-Jane0]

@Ruth1223 The Terms and Conditions actually allow you to take Airbnb to the small claims court. It is cheaper than arbitration and I have heard that Airbnb actually prefer it. 

There is someone on the CC who won against Airbnb in court and it didn't affect their hosting status.

It seems to me that Airbnb has possibly done something negligent given that it took them so long to cancel the stay. 

Before taking action I would contact the guest. IF they have paid then they will happily tell you they have paid and then you could ask Airbnb again for the money. If they don't respond to a non-accusatory text/message then it is more likely they were using a stolen credit card.

[Quincy]

Welcome to the Community Center @Ruth1223! I'm very sorry to hear that this has happened. I will try to pass this on to the team for you. 

[Ruth1223]

Thank you.

I'm in absolute shock on how this can happen  and how Airbnb doesn't have a system in place to prevent this. 

I do not see how I can prevent this from happening again? It makes me want to not use Airbnb anymore. 

[Mike-And-Jane0]

@Ruth1223 have you tried contacting the guest to see what happened from their side?

[Ruth1223]

I called and texted the number I had. They did not respond. After some digging, I believe they know the person who used their profile and credit card to commit the crime. I assume they have no interest in making it right.

Also, this wasn't' a last minute reservation and the  guest had 2 previous 5 star reviews and communicated with me througout the reservation.

[Ruth1223]

What can hosts do to prevent this from happening again?

I honestly don't know how else to vet guests. This guest didn't book last minute, they stayed for 4 nights, had 2 previous 5 star reviews, communicated with me throughout the reservation and gave me a 5 star review (which is still up).

After some digging, I have identified the person who actually stayed there. I plan on filing a police report. This person knows the person on the profile. I have reason to believe that the person on the profile knowingly participated in the fraud. 

But it seems like Airbnb doesn't care that a crime was committed.  I cannot get anyone to call me back. I get the same worded message that the reservation was canceled and due to privacy they cannot tell me anything else.