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

[RetroPhilip]

The host cancelled because her landlady found out she was hosting her place. Here's the thing - she cancelled all reservations apart from mine, as it was the next day. She did not ask to cancel my reservation because of the closeness of date, but Air B N B told her to do just that, as her landlady was kicking up a fuss - they did this because they were tackling issues at the time in Las Vegas with tenancy agreements/letting etc and a council decisions was imminent.

They told her they would contact me to find me alternative accommodation, but never did.

So basically, they told the host to cancel my reservation because they were worried there would be feedback that might reach the Las Vegas State when they had a massive decision forthcoming.

[des8]

IMO the only basis you might have for a claim is under airBnB Guest Refund policy, but even that is at their discretion and I can't find the one prior to December 2019

[R0b]

To be honest, still a claim you should directly have against the host, if she was sub-renting a property if she wasn't entitled to do so. She could have refused to give in to Airbnb's demands which mean it would have been up to Airbnb to cancel, but that's irrelevant now, she's still liable.

As for action against Airbnb, if you issued a claim here, you may have a claim for causing loss by unlawful means and/or inducing a breach of contract. However, you'd have to prove what you said is true and get the host to provide a witness statement to that effect together with any evidence.

[RetroPhilip]

Thanks all.

des8 using the most recent airbnb guest refund policy, what do you view as a potential claim there?

[des8]

They should reimburse you the amount paid by you through the Airbnb Platform, altho' even that is at their discretion!

[RetroPhilip]

Can I ask. I had a similar issue with air B N B the year before, and was given cash money on the back of that as compensation for my out of pocket expenses.

They did not refer then to their terms and conditions, or make out they were not responsible. In fact they were apologetic and accepted responsibility for the mess.

Does that set a precedent for my making this new booking in Vegas, and expecting similar acceptance of liability if the same issues arose again?

[RetroPhilip]

So here is an interesting question - the terms of service state "If you are using the Site, Application or Services and you reside in the USA, these Terms of Service are between you and Airbnb, Inc. If you reside outside of the USA and the People’s Republic of China (which for purposes of these Terms of Service does not include Hong Kong, Macau and Taiwan) (hereinafter “China”), these Terms of Service are between you and Airbnb Ireland."

Contract was breached when I was in Las Vegas. USA Small Claims Court cases can be started in any city where a contract was breached.

I was therefore residing in Las Vegas when the contract was breached, and so as per the terms can take on the USA entity.

What do you think?

[RetroPhilip]

Anyone?

[RetroPhilip]

So here is an interesting question - the terms of service state "If you are using the Site, Application or Services and you reside in the USA, these Terms of Service are between you and Airbnb, Inc. If you reside outside of the USA and the People’s Republic of China (which for purposes of these Terms of Service does not include Hong Kong, Macau and Taiwan) (hereinafter “China”), these Terms of Service are between you and Airbnb Ireland."

Contract was breached when I was in Las Vegas. USA Small Claims Court cases can be started in any city where a contract was breached.

I was therefore residing in Las Vegas when the contract was breached, and so as per the terms can take on the USA entity.

What do you think?

[R0b]

Not a chance. The clause is referring to your legal residency i.e. your country of residence. Also, the clause applies to where you were residing at the time the contract was entered into, not the date of breach. Clutching at straws on this one I'm afraid.

[RetroPhilip]

R0b Here's an interesting quote from Air B N B's own report - see attached..

If someone identifies as nomadic, then surely they reside wherever they hang their hat?

[R0b]

Not really. There are rules around contract interpretation with the primary aim of identifying the intention of the contracting parties. Those rules include, the natural and ordinary meaning of the clause, the purpose of the clause and applying commercial common sense.

You've never said you live a normadic lifestyle and your first post clarifies this was a holiday rather than moving from place to place, so your question is at best hypothetical and doesn't really warrant any further discussion.

[RetroPhilip]

Playing devils advocate though...if someone in my shoes stated they were a nomad...

[R0b]

I understand that but I still don't think there is any merit in what you're saying. That clause will be construed as at the time the contract was entered into, so even if you lived a normadic lifestyle, a court will probably say that the place/country you are residing in at the time the contract was made will be your place of residence for the purposes of this clause. So if you were in the UK at that time, then the contract is with Airbnb Ireland and equally, it would be Airbnb Inc. if it was concluded whilst you were in the US.

[RetroPhilip]

I understand that but I still don't think there is any merit in what you're saying. That clause will be construed as at the time the contract was entered into, so even if you lived a normadic lifestyle, a court will probably say that the place/country you are residing in at the time the contract was made will be your place of residence for the purposes of this clause. So if you were in the UK at that time, then the contract is with Airbnb Ireland and equally, it would be Airbnb Inc. if it was concluded whilst you were in the US.

Ah but here is the thing ... if you file in USA Courts, there is this on the filing form ... if contract is breached in USA, you can pursue there ...