Airbnb unfair compensation request

PST1975

We've just returned from a three night stay in a private apartment in Warsaw. Four days after returning we were messaged by the host who claimed that we had caused nearly £700 worth of damage, by breaking a large window in her apartment.

We were very surprised by this, as we certainly didn't cause the damage. If we had caused the damage we would have admitted it and would happily pay the compensation, but it simply wasn't caused by us during our stay.

Airbnb have conducted what they call an impartial investigation and stated that we are liable to pay the compensation costs. I have refused to pay on the grounds that we didn't cause the damage and they have not provided any evidence to suggest we are guilty. Airbnb are also proving to be very uncooperative and are not replying to my emails or Facebook posts and are virtually impossible to track down by phone calls.

They are now threatening me with a debt collection agency if we do not pay within the next 72 hours, which will be Tuesday evening UK time.

Having never been in this situation before, I'm not aware of our rights and certainly not aware of whether Airbnb have the ability to demand money from us in this way. Any advice would be appreciated.

NiftyDigits

How can they send it to a collection agency without a court judgement? Reply to them and let them know that you will be happy to contest their claim in court and to forward you any details of such action.
In the meantime, if you are disturbed by any so called debt collection agency, you will seek an injunction against them along with any associated court costs.
I take it that you cancelled your payment card in so that they could not use your payment details to extract the claimed amount.

PST1975

Thanks for the quick reply. Your comments are very helpful as this is a completely new situation for me.

I contacted my credit card company as soon as Airbnb informed me of their decision to find us liable for compensation costs. They instructed me to cancel the card, which is why Airbnb are now looking for other methods of payment.

peachyprice

NiftyDigits wrote: »

How can they send it to a collection agency without a court judgement? Reply to them and let them know that you will be happy to contest their claim in court and to forward you any details of such action.
In the meantime, if you are disturbed by any so called debt collection agency, you will seek an injunction against them along with any associated court costs.
I take it that you cancelled your payment card in so that they could not use your payment details to extract the claimed amount.

They can send it to a debt collection agency without a court judgement, maybe you are getting bailiffs and debt collectors mixed up.

OP, if they pass it on to a debt collection agency reply to any letters received with 'In dispute' clearly marked, DC's cannot legally pursue an account that is in dispute and will have to pass it back to Air. If, once you have advised the DC that the account is in dispute, and they still continue to harrass you, then you can take action.

NiftyDigits

peachyprice wrote: »

They can send it to a debt collection agency without a court judgement, maybe you are getting bailiffs and debt collectors mixed up.

OP, if they pass it on to a debt collection agency reply to any letters received with 'In dispute' clearly marked, DC's cannot legally pursue an account that is in dispute and will have to pass it back to Air. If, once you have advised the DC that the account is in dispute, and they still continue to harrass you, then you can take action.

Actually, I do know the difference...as I read about it before posting. I meant to edit that part out of my post.
But didn't know about the 'In Dispute' bit. So let's see if AirBnB dare take it to court. They'll need to bring witnesses. Can't see it happening unless they have indisputable proof.

StuieUK34

Thought AirBnB have insurance against certain things, so the renter/Host is not held liable for any damage ???
I ask, as my wife has just booked a property through AirBnb, and although I will be telling her to photograph everything before they settle in, and then photograph when they leave to cover themselves, I thought the whole process of Host/Renter was that either is covered by the insurance provided by AirBnB ???

PST1975

Not sure about the insurance situation. Airbnb just keep quoting it's part of their terms and conditions that their conditions that any decision they make on compensation awards is final and cannot be overturned.

It's the way they have handled this whole business that I find the most infuriating. They seem unwilling to listen to our side of the argument, presumably because they don't want to upset the host, as they'll earn far more commission from her over time than they will from us. It's a matter of principle more than anything now, although I certainly don't want to pay or have debt collectors chasing me.

NiftyDigits

PST1975 wrote: »

Not sure about the insurance situation. Airbnb just keep quoting it's part of their terms and conditions that their conditions that any decision they make on compensation awards is final and cannot be overturned.

It's the way they have handled this whole business that I find the most infuriating. They seem unwilling to listen to our side of the argument, presumably because they don't want to upset the host, as they'll earn far more commission from her over time than they will from us. It's a matter of principle more than anything now, although I certainly don't want to pay or have debt collectors chasing me.

They can say whatever they like. But they are simply trying it on. Invite them to test you in court.

pogofish

PST1975 wrote: »

Not sure about the insurance situation. Airbnb just keep quoting it's part of their terms and conditions that their conditions that any decision they make on compensation awards is final and cannot be overturned.

Have a hunt around to see if your property owner has posted/spammed the apartment's Airbnb link anywhere.

Posting a property against the T&Cs of any board/website is a clear breach of Airbnb's Service Level Agreement and would mean the owner had deliberately voided any contract with them - Which would mean Airbnb would be skating on very thin ice trying to pursue any charges or payment against you.

If they have, do remember to note dates, save copies of the page/take screenshots etc to back you-up.

Wheres_My_Cashback

More tosh !

pendragon_arther

At £700 that's got to be the most expensive window in the world. The owner can provide photos I assume. I use Airbnb every year so I'll make sure I take photos as already suggested from now on, although a newspaper with the date on would have to be included in the shots.