AirBNB damage claim

justanotherkeeper1

Hi,

I am hoping members on this forum can help me with this pickle I have with Airbnb. 

Background:

I rented an Airbnb property and during our stay we had some insect infestation which we raised with the host. The host then contacted Airbnb who decided we will be refunded the price we paid for the hire (minus airbnb fees). We notified host that we couldn't go elsewhere as the property was quite remote and the host agreed.

Airbnb refunded us the amount (about £260) and we thought that was the end of it.

Issue:

After vacating the property we received an email from the host of an alleged missing item. The item was worth £250. I responded telling the host we never saw this item and so we never touched it etc.

The host then took it further and lodged a claim with Airbnb for damages. Airbnb asked me for proof, at this point I had nothing to prove that the item was there as it was hidden in some sideboard somewhere and it's not my custom to record everything within a property to prove its presence. 

I told Airbnb the item was never seen by us so could not have been moved / taken by us either. For whatever reason Airbnb decided with the host, they asked me to appeal after which I appealed with the below:

As I stated before this item that the host alleges is missing was never seen by any of our party members during our stay and therefore it was not used / moved or taken. 
                   

Looking at your host damage protection terms I can cite two points that are of relevance here: 

Section 3 (Limitations) 4g. is applicable here. The item either mysteriously disappeared and / or definitely there was a lack of inventory from the host in this regard. 

We never saw the item as I stated but the host claims the item was there all along. 

Section 3 (Limitations) 5f. is also applicable here. 

We received a refund from Airbnb for our stay in this property due to unforeseen circumstances. The refund was of the value of £260 give or take. 

The alleged missing item from the host was claimed to be £250. The case here seems to be a dishonest act committed by the host to recoup some of the losses they incurred due to the Airbnb refund to us the guests. It is no coincidence that the two values add up so closely.

I myself have been an Airbnb user for 12 years and have not had such issues with other hosts in the past. It is a shame that the host finds it necessary to dig so low to reclaim / recoup the refund that you issues out to me.

Airbnb replied with the below (no idea what that email address in there is, wondering if I can tell them they're breaching customer privacy there):

We made this decision considering all the terms and conditions as per our Airbnb guidelines. 
After carefully reviewing all the documents, videos and details of the damage from both sides we have agreed to make the payment. 
We completely understand and know this is not something you hoped for but if you nifz1a@gmail.comhave any videos, pictures or recordings of call or text with the host then we would definitely take a look and review this case again.

At this point I am thinking the host must have fabricated something to prove that I somehow admitted to this item being missing as I cannot fathom how it can be proven that the item was there before our arrival and went missing after. 

I can see in the listing picture that the item is there, when these pictures were set there I am not sure wasn't bothered to look at them. However the only thing is that the pictures show the item in a different location from where the host said it should be located so I am wondering if that's something I can use as I can appeal again.

I'm sort of at my wits end here, can I ask Airbnb to provide me with the evidence the host has provided? 

We definitely didn't take this item nor did we ever see it but Airbnb is insisting that we have to pay out. 

I'm asking for advice here as I'm not sure what else I can do, it's the principle that matters here more than the actual amount as this host is just pulling a fast one on me.

Hope anyone can help.

sheenas

What comes to mind is there a inventory and if so was the item in the checklist?

justanotherkeeper1

Well there's an inventory of some sorts on the Airbnb listing but it doesn't mention this particular item. 

It's the section that's labelled as:

'What this place offers' 

But I'm not sure you can really call it an inventory, at this point I'm happy to refer to this in my further appeal as I feel like I'm scraping the barrel here.

powerspowers

@justanotherkeeper1 is your personal email in the second quoted text? 

powerful_Rogue

powerspowers said:

@justanotherkeeper1 is your personal email in the second quoted text? 

The OP said:

(no idea what that email address in there is,

caprikid1

" rented an Airbnb property and during our stay we had some insect infestation which we raised with the host. The host then contacted Airbnb who decided we will be refunded the price we paid for the hire (minus airbnb fees). We notified host that we couldn't go elsewhere as the property was quite remote and the host agreed."

What was the insect infestation ? how bad ? Given you stayed I understand the owner feeling frustrated.

Obviously you got the place for free and the owner is trying to recoup their losses.

"it's the principle that matters here more than the actual amount as this host is just pulling a fast one on me."

Unlike you who got a refund then stayed for free ?

the_lunatic_is_in_my_head

caprikid1 said:

Obviously you got the place for free and the owner is trying to recoup their losses.

"it's the principle that matters here more than the actual amount as this host is just pulling a fast one on me."

Unlike you who got a refund then stayed for free ?

What has that got to do with anything? Host and agent agreed OP should be refunded and host agreed OP could stay anyway. It's not like OP rocked up and didn't pay without anyone's consent.

OP this one of those things that is impossible to prove (unless you go back and the missing thing is still there). 

I assume AirB&B have charged £250 to your card, not sure if you could try a chargeback on that. @born_again again  

You could file small claims against AirB&B, they will probably fold. 

Grumpy_chap

the_lunatic_is_in_my_head said:

You could file small claims against AirB&B, they will probably fold. 

Can the OP claim against AirBnB, or does the claim have to be against the property owner?
I am not sure whether the contract is with AirBnB or AirBnB are just an agent and the contract is with the owner.

justanotherkeeper1

caprikid1 said:

" rented an Airbnb property and during our stay we had some insect infestation which we raised with the host. The host then contacted Airbnb who decided we will be refunded the price we paid for the hire (minus airbnb fees). We notified host that we couldn't go elsewhere as the property was quite remote and the host agreed."

What was the insect infestation ? how bad ? Given you stayed I understand the owner feeling frustrated.

Obviously you got the place for free and the owner is trying to recoup their losses.

"it's the principle that matters here more than the actual amount as this host is just pulling a fast one on me."

Unlike you who got a refund then stayed for free ?

What's that got to do with anything? The host actually raised the issue with Airbnb regarding the insects, I never complained to Airbnb about this.

If you have nothing useful to provide please don't comment, thanks. 

justanotherkeeper1

the_lunatic_is_in_my_head said:

caprikid1 said:

Obviously you got the place for free and the owner is trying to recoup their losses.

"it's the principle that matters here more than the actual amount as this host is just pulling a fast one on me."

Unlike you who got a refund then stayed for free ?

What has that got to do with anything? Host and agent agreed OP should be refunded and host agreed OP could stay anyway. It's not like OP rocked up and didn't pay without anyone's consent.

OP this one of those things that is impossible to prove (unless you go back and the missing thing is still there). 

I assume AirB&B have charged £250 to your card, not sure if you could try a chargeback on that. @born_again again  

You could file small claims against AirB&B, they will probably fold. 

Yes but equally I don't understand how the host proved it was there. AirBNB have yet to charge my card, they've given me some time to reply with 'evidence'.

Without knowing what the evidence the host has provided I'm just groping in the dark.

I'll try the chargeback and possibly the small claims. Thanks for the feedback.

the_lunatic_is_in_my_head

Grumpy_chap said:

the_lunatic_is_in_my_head said:

You could file small claims against AirB&B, they will probably fold. 

Can the OP claim against AirBnB, or does the claim have to be against the property owner?
I am not sure whether the contract is with AirBnB or AirBnB are just an agent and the contract is with the owner.

No idea to be honest, AirB&B charged OP and arbitrated the dispute? 

AirB&B seem to be based Ireland but allow consumers to file in their local court, will they travel from Ireland to defend a £250 claim?