Can someone please help me? Air B n B robbed me blind and now I cannot pay my rent

[RetroPhilip]

I went on holiday in May for a week to Las vegas. First holiday in absolutely yonks. I saved up all year and worked so much overtime. I booked a place in Las Vegas in the suburbs for the nine days, at a cost of £400, which was half my budget.

It was the Bank Holiday weekend, and my host cancelled on me the day I arrived.

There was nowhere else available on Air B N B, and i had to spend about £200 calling them repeatedly on hold forever, spoke to five different people. Nobody could help me, told me the refund would take two weeks, etc.

So had to spend £1300 on accommodation and it ruined my trip and put me overdrawn by £700.

I have been refunded by Air B N B but they are only offering to refund me £200 for the accommodation despite my claiming from them £900 for the hotel, £200 for call costs, and something for the ruined holiday.

They won't me to agree to this settlement by Thursday or they cancel the offer.

What are my rights? Don't they have a duty to me? They are saying they just provide hosts with a way to find customers and are not responsible. They were no help to me when I got to Las Vegas. tHey even told the host it was fine to cancel on me as they would find me somewhere else. They did not.

Freaking out because I have to pay my rent this week and I am so overdrawn and it's just such a worry. Thinking of taking the £200 but I feel it's so unfair to force me to accept this when they know the situation I am in.

[paulajayne]

Air B and B Terms and conditions is your place to start.

[RetroPhilip]

Anyone?

[des8]

Have you seen this; https://www.airbnb.co.uk/help/articl...licy-for-homes

[RetroPhilip]

Thank you des8

Can anyone help me with the business name and address to litigate in Small Claims in the UK against Air B N B?

[des8]

From their terms of Service it seems that you are dealing with:Airbnb Ireland UC (“Airbnb Ireland”), The Watermarque Building, South Lotts Road, Ringsend, Dublin 4, Ireland. .
So you need to use the european small claims procedure: https://e-justice.europa.eu/content_...laims-42-en.do

Suggest you read and digest their terms and conditions prior to issuing a claim

[RetroPhilip]

des8 , can I not take them to Court using the UK Small Claims?

[des8]

I don't know.
I understand you booked through Airbnb who are a private company based in Dublin.?
At that time you were able to use the European Small Claims Procedure to sue them.
Since Brexit that avenue has been closed.

There is an Airbnb Payments UK Ltd. situated 100 New Bridge Street, London,,EC4V 6JA .

I am not aware of any legal connection with Airbnb , Dublin which will enable you to sue them.

[RetroPhilip]

Thanks des8 . Airbnb Payments UK Ltd is the company that took payment. It says so on my bank statements. I am thinking this means I can take this company to Court? Or that I can at least take Air B N B to Court using the Airtbnb payments address at 100 New Bridge Street?

[des8]

Can't see why you shouldn't, but not sure that you have a viable case

[islandgirl]

Holiday was in May 2019? Offer expired June 2019? Think we need an update and details of the terms and conditions the OP signed up to.

[RetroPhilip]

Funny you should ask that islandgirl ...

Thanks des8

I am currently taking them on in the Small Claims Courts in the USA. I attach their submission for the hearing - a copy of the terms and conditions. That is it.

As you can see, they have highlighted some of the terms. It would appear they are going to make out that I should be taking their Irish operation to Court.

I know this is nonsense, and that as the contract was broken in the USA, I am well within my rights to litigate in the USA.

I am curious as to the difference in the law of agency in the USA and UK, and whether anyone has an opinion on whether it would be easier to take them on in either jurisdiction because of differences in said law?

If anyone has the time and is willing, I would really appreciate if they could give me some pointers on the law of agency in general terms. I believe I am making my case that they had a duty of care to me and breached their fiduciary duty.

Also would be helpful to find out whether they are trying to dodge their basic liabilities with the wording in their terms and whether that wording is therefore lawful, given the standard law that applies in all cases.

Philip

[R0b]

So what legal basis do you think you are within your rights to litigate in the US - are you a US resident? If you aren't then I can't see how you can litigate in the US unless you are aware of some federal or state law that allows you to do so. If, as Airbnb is suggesting, your right of claim should be the Irish entity.

As for US/UK differences of agency law, there are 50 states and there could very well be 50 different versions of agency law. Depending on what state in the US you have sued, a little google might give you some understanding of agency law in that state but this is a UK forum so I doubt anyone here is qualified to tell you what differences there are.

You mention given the standard law that applies in all cases what do you mean by standard law every country has their own laws so I'm not sure what you are trying to say?

Reading back through the thread, my opinion is that assuming you are resident outside the US, then your contract is with the Irish entity. As per the contract, you are free to pursue Airbnb in your local country. However, like eBay, Amazon, booking.com etc. Airbnb is a hosting platform that puts property owners in touch with guests.

I can't see how you have a contract with Airbnb or how they should be liable to you for the hosting choosing to cancel. What I find strange is that you've decided to issue a claim in the US against Airbnb when you could have easily done the same against the host instead. Any reason why you didn't do that?

Finally, as far as I'm concerned you have absolutely zero claim against Airbnb Payments UK Limited because they are merely processing your payment on behalf of Airbnb/the host. Unless a business has their own payment processing solution, they will be using a third party provider to process transactions. For example, Aldi use Worldpay to process their payments so if you have a dispute about an Aldi product, does that mean you can sue Worldpay because they processed your payment? - of course not.

All I can say is good luck but I reckon you are on to a loser in any case.

[RetroPhilip]

So let's say it was a UK claim - are there any T & C that they have which do not supercede the law of agency, no matter what they say?

[R0b]

I haven't seen what you have issued as part of the claim in the US so I don't know why you're claiming against Airbnb, why they are an agent and that you think they should be liable. Agency law in the UK dictates that the agent acts on behalf of the principal and as such any concluded contract will be between the third party (you) and the principal, not the agent - there are limited exceptions but none that I see applies here.

To be honest, I think the issues are pretty straight forward. You're claiming there's a contract or some kind agency of sorts with Airbnb and they should be liable for the additional losses. Airbnb are saying they're a platform only and backed up by their terms and conditions. You need to prove that Airbnb are the contracting party and not the host (or that they are an agent and somehow liable for the losses) and if you can prove that then you will likely win.

Both in the US and UK there is a doctrine of privity of contract i.e. you cannot sue anyone not party to the contract. I see no agency angle that you can pin on Airbnb - possibly in the US if agents are jointly liable for example, but nothing in the UK.

Do I think there is any valid claim against Airbnb? Perhaps, but it would have to be something along the lines of you requesting details of the host to pursue a claim but Airbnb refuse and in that case I think you'd have a valid claim against Airbnb for failing to disclose material information if that information is not already provided.