Possibility to claim compensation from AirBNB

the_lunatic_is_in_my_head

Just noticed it was abroad.

OP Air B&B is a booking platform and their terms state they are not a party to the contract between you and the host for accommodation.

Any claim would have to be against the host under the governing law of the contract between the two. 

user1977

elsanto said:

user1977 said:

elsanto said:

user1977 said:

elsanto said:

This happened abroad but I am talking about the AirBNB representation in the UK.

Why would the UK be relevant if this happened abroad?

Because I created my account with AirBNB in the UK with my address in the UK.

Doesn't mean that UK law applies at all though. Have a look at the terms for your contract to work out which AirBnB entity you actually contracted with and which jurisdiction is relevant.

If I take legal action, It will be in the UK, There is an AirBNB UK and that is my first port of call. Other law suits against them have been in the respective countries of the claimants, say Americans making the claim in the USA even if the event was in Timbuktu.
 

Having a .co.uk domain doesn't make them a UK company. I can't see anything in their terms suggesting a UK entity is involved, the closest they get is Airbnb Global Services Limited, which is Irish. Americans being able to pursue the same brand in the US isn't really any sort of precedent.

elsanto

Aylesbury_Duck said:

elsanto said:

Are there really legal experts here or am I talking to people who just want to talk about it?

Not really the way to get help, is it.  You've already fallen out with your host, probably unproductive to do so with people here.  If you want expert legal opinion, you need to pay for it.

Aylesbury_Duck said:

elsanto said:

Are there really legal experts here or am I talking to people who just want to talk about it?

Not really the of way to get help, is it.  You've already fallen out with your host, probably unproductive to do so with people here.  If you want expert legal opinion, you need to pay for it.

It makes no difference to me not be 'in good terms' with the likes of you as I learn nothing (I doubt you are knowledgeable about legal matters) and it is evident that you just came here to have go.

elsien

elsanto said:

Aylesbury_Duck said:

elsanto said:

Are there really legal experts here or am I talking to people who just want to talk about it?

Not really the way to get help, is it.  You've already fallen out with your host, probably unproductive to do so with people here.  If you want expert legal opinion, you need to pay for it.

Aylesbury_Duck said:

elsanto said:

Are there really legal experts here or am I talking to people who just want to talk about it?

Not really the of way to get help, is it.  You've already fallen out with your host, probably unproductive to do so with people here.  If you want expert legal opinion, you need to pay for it.

It makes no difference to me not be 'in good terms' with the likes of you as I learn nothing (I doubt you are knowledgeable about legal matters) and it is evident that you just came here to have go.

And I’m out. 

elsanto

There is no legal advice here really. Some people who answered just came here to argue and try to prove that they are clever. I ended up giving more information than I received. Never mind.

GingerTim

the_lunatic_is_in_my_head said:

Just noticed it was abroad.

OP Air B&B is a booking platform and their terms state they are not a party to the contract between you and the host for accommodation.

Any claim would have to be against the host under the governing law of the contract between the two. 

elsanto said:

There is no legal advice here really. Some people who answered just came here to argue and try to prove that they are clever. I ended up giving more information than I received. Never mind.

There is some good advice.

powerful_Rogue

elsanto said:

There is no legal advice here really. Some people who answered just came here to argue and try to prove that they are clever. I ended up giving more information than I received. Never mind.

100% right - There is no legal advice here. If that's what you want, get your wallet out and pay for it.

Aylesbury_Duck

elsanto said:

Aylesbury_Duck said:

elsanto said:

Are there really legal experts here or am I talking to people who just want to talk about it?

Not really the way to get help, is it.  You've already fallen out with your host, probably unproductive to do so with people here.  If you want expert legal opinion, you need to pay for it.

Aylesbury_Duck said:

elsanto said:

Are there really legal experts here or am I talking to people who just want to talk about it?

Not really the of way to get help, is it.  You've already fallen out with your host, probably unproductive to do so with people here.  If you want expert legal opinion, you need to pay for it.

It makes no difference to me not be 'in good terms' with the likes of you as I learn nothing (I doubt you are knowledgeable about legal matters) and it is evident that you just came here to have go.

I never claimed to be knowledgeable about legal matters, but then you're not paying for my advice.  As said before, if you want legal advice, you need to seek it elsewhere.  Otherwise you'll have to accept or ignore the advice given, and any opinions that come with it.  You've had plenty of good advice already, but you appear intent on arguing with those providing it.  A little more patience and politeness might help you get the help you need with what looks like a difficult claim.

powerful_Rogue

elsanto said:

Alderbank said:

Your claim of 1,000 dollars is a very round number. Perhaps you are thinking of a non-pecuniary claim such as for loss of enjoyment? If so you need to be very specific. For example if a cruise was sold as including a trip to Naples and Pompeii but the cruise did not visit those places you would have a claim.

Your claim that the host was nasty is similar to a claim on a cruise that the passengers in the next cabin were nasty. Did you specifically ask AirBnB to move you to other accommodation?

AirBnB do have policies and guidance about discrimination but because local laws are so different around the world they are different for different regions. As you won't say which country you visited I don't think we can help you on that.

AirBnB does respond to complaints about hosts but not to pay compensation. They say if a host's behaviour falls below their standards they will consider removing them.

Yes I said $1000.00 as a proportion of what I paid for the place as it is related to 'hurt feelings and distress'. I will say to the court what I said to AirBNB. I was already very worried because my daughter was not well; moving would have caused her further inconvenience and on top of everything I had the host bullying me.

Even if you did manage sue and win, this comment by @unholyangel sums it up from a court case.

As for stress and inconvenience, courts do sometimes award this but they make their disdain for it known by awarding trivial sums. For example, a couple were told a house needed no work done, just general upkeep etc. It actually required a lot of work (£34k worth) and also required the couple to travel for several hours each week as the house was uninhabitable and they had to travel up from london (where they worked) and this went on for several years and they also contributed the stress of the situation towards the breakdown in their marriage. They got £750 between them and that was only really that high because they didnt have use/enjoyment of the property during that time.

https://forums.moneysavingexpert.com/discussion/5326850/claiming-for-wasted-time-and-inconvenience-etc

You'd be lucky to get a couple of dollars back.

the_lunatic_is_in_my_head

powerful_Rogue said:

elsanto said:

Alderbank said:

Your claim of 1,000 dollars is a very round number. Perhaps you are thinking of a non-pecuniary claim such as for loss of enjoyment? If so you need to be very specific. For example if a cruise was sold as including a trip to Naples and Pompeii but the cruise did not visit those places you would have a claim.

Your claim that the host was nasty is similar to a claim on a cruise that the passengers in the next cabin were nasty. Did you specifically ask AirBnB to move you to other accommodation?

AirBnB do have policies and guidance about discrimination but because local laws are so different around the world they are different for different regions. As you won't say which country you visited I don't think we can help you on that.

AirBnB does respond to complaints about hosts but not to pay compensation. They say if a host's behaviour falls below their standards they will consider removing them.

Yes I said $1000.00 as a proportion of what I paid for the place as it is related to 'hurt feelings and distress'. I will say to the court what I said to AirBNB. I was already very worried because my daughter was not well; moving would have caused her further inconvenience and on top of everything I had the host bullying me.

Even if you did manage sue and win, this comment by @unholyangel sums it up from a court case.

As for stress and inconvenience, courts do sometimes award this but they make their disdain for it known by awarding trivial sums. For example, a couple were told a house needed no work done, just general upkeep etc. It actually required a lot of work (£34k worth) and also required the couple to travel for several hours each week as the house was uninhabitable and they had to travel up from london (where they worked) and this went on for several years and they also contributed the stress of the situation towards the breakdown in their marriage. They got £750 between them and that was only really that high because they didnt have use/enjoyment of the property during that time.

https://forums.moneysavingexpert.com/discussion/5326850/claiming-for-wasted-time-and-inconvenience-etc

You'd be lucky to get a couple of dollars back.

Doesn’t apply to the OP because it’s abroad via Air B&B so UK law is unlikely to apply (and I’m not sure what a working holiday means) but under Jarvis v Swan Tours damages can be awarded for disappointment where a contract is specifically for enjoyment or entertainment, namely a holiday.

The extent of the damages would depend on the extent of the disappointment which would depend on the nature of the holiday itself and the nature of the breach.

Such damages can be applied in addition to a reduction due to the service not conforming to the contract. 

It’s a rather complex area which I’m not fully knowledgeable in but holidays are certainly an area where damages for loss of enjoyment can be entertained by the courts for more than a token amount.