Possible legal claim against AirBNB

[theenquirer]

I want to ask about the chances to sue AirBNB for damages.
One of their hosts harassed me with mockery, strong insults and ageist comments while I stayed in their place for 4 weeks.
This happened on several messages, up to 10 in one day, even after I told the host I did not want to communicate with him during the rest of my stay.
The harassment came to a conclusion with a nasty review the host left for me in the AirBNB site for all to see.
Conversely, AirBNB deleted my review of the host, where I spoke about the host's behaviour, claiming 'I referred to the host, not the place'.
A review of your experience in an AirBNB place should include anything that affected you in your stay.
While the harassment was happening, I complained to AirBNB, telling them of the distress it was causing me, a number of times and they ignored me.
At the end of my stay, I said I wanted compensation of $1000.00 (the place was expensive too).
AirBNB just decided to string me along and did nothing.
Clearly AirBNB was biased towards the host all the time.
During the time I made my claim, I told AirBNB that this was formal complaint as I wanted to complete this formality before recurring to the legal route. So I asked them to confirm I was talking to the people who deal with complaints but, once again, they ignored me.
They ended up cutting off the communication.
This happened abroad but I am talking about the AirBNB representation in the UK.
Thanks

[atticus]

Have you read AirBnB's terms? I think it highly unlikely that they can be held responsible for this individual's conduct.

[theenquirer]

Replaced

[theenquirer]

Have you read AirBnB's terms? I think it highly unlikely that they can be held responsible for this individual's conduct.

Yes they must be because, as you said, I am dealing with the company that has terms. I did not pay the host. I paid AirBNB.
If the host, for instance, cuts off the water, then ultimately AirBNB are responsible. AirBNB are not a listings site, they are like Alibaba. If you enter into a contract with a subcontractor IN the Alibaba site, and you end up in a dispute with Alibaba, you go to Alibaba. Same about Paypal.
AirBNB made it clear to me they are there to resolve disputes with hosts. It is just that they did not resolve it. They accepted the host did something wrong a number of times. They offered me in a voucher of $200 for my 'next stay' in AirBNB then shut down the communication. So I could not tell them I was not going to accept it because the money was not enough and what makes them think I want to return to an AirBNB place?
So the acceptance of liability is there but the compensation they offered was not good enough for me.

[R0b]

I don't think you have read the terms and conditions, rather you have made assumptions. See below an extract of the T&Cs below taken from AirBnB website.

The Airbnb Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Hosts” and Members who search for, book, or use services are “Guests.” Hosts offer accommodations (“Accommodations”), activities, excursions and events (“Experiences”), and a variety of travel and other services (collectively, “Host Services,” and each Host Service offering, a “Listing”). You must register an account to access and use many features of the Airbnb Platform, and must keep your account information accurate. As the provider of the Airbnb Platform, Airbnb does not own, control, offer or manage any Listings, Host Services, or tourism services. Airbnb is not a party to the contracts entered into directly between Hosts and Guests, nor is Airbnb a real estate broker, travel agency, insurer or an organiser or retailer of travel packages under Directive (EU) 2015/2302. Airbnb is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service (“Payment Terms”). To learn more about Airbnb’s role see Section 16.

AirBnB is a third party platform that facilitates bookings between guests and accommodation providers which is no different to other third party providers such as hotels.com or booking.com offering similar services. As per the above, hosts will offer their accommodation on the AirBnB platform to guests and when a booking is made, the contract is directly between the host and the guest.

The only contractual relationship you may have with AirBnB is the use of their platform. If your complaint is about the host or the accommodation itself and you, then your contract and any claims will lay with the host. If it's to do with the AirBnB platform, review system or anything like that, your claim would be against AirBnB.

It sounds like you have an issue with the harassment so any claim would be against the host. Yuo are, of course free to pursue a claim against AirBnB but be warned, if you issue legal proceedings against them, you run the risk of your claim not only being struck out but also an adverse costs order made against you on the basis that you sued the wrong party and wasted everyone's time incurring costs that shouldn't have been incurred.

[theenquirer]

I don't think you have read the terms and conditions, rather you have made assumptions. See below an extract of the T&Cs below taken from AirBnB website.



AirBnB is a third party platform that facilitates bookings between guests and accommodation providers which is no different to other third party providers such as hotels.com or booking.com offering similar services. As per the above, hosts will offer their accommodation on the AirBnB platform to guests and when a booking is made, the contract is directly between the host and the guest.

The only contractual relationship you may have with AirBnB is the use of their platform. If your complaint is about the host or the accommodation itself and you, then your contract and any claims will lay with the host. If it's to do with the AirBnB platform, review system or anything like that, your claim would be against AirBnB.

It sounds like you have an issue with the harassment so any claim would be against the host. Yuo are, of course free to pursue a claim against AirBnB but be warned, if you issue legal proceedings against them, you run the risk of your claim not only being struck out but also an adverse costs order made against you on the basis that you sued the wrong party and wasted everyone's time incurring costs that shouldn't have been incurred.

You are not paying attention.
I said they have admitted liability but that the compensation they offered is not enough.
You should also know that if the terms and conditions are not reasonable or detailed (for instance there is not mention of the harassment by their hosts) then they are not quite valid.

AirBNB constantly get sued in the USA but I am just looking for people who know how it works in the UK and can look at my particular case.
See this:
https://getdispute.com/guide/how-to-...bnb-as-a-guest
https://www.peopleclerk.com/post/how-to-sue-airbnb

[R0b]

Forgive me but I don't think you can use the example that people in the USA sue AirBnB as a precedent to apply the same reasoning in the UK. Americans sue companies for millions simply because their chips look wonky. Secondly, the US has different laws at state level, unlike here in the UK where the majority of key legislation applies across England, Wales and Scotland.

Maybe my eyes are failing me but can you point out where in your previous posts did you say that AirBnB have admitted liability for the harassment of the host? From what I read and understood you said they accepted that the host may have done certain things that were wrong and they offered you compensation as a gesture of goodwill, which is not the same as admitting liability especially when their terms and conditions clearly state otherwise. However, if you are saying that is not the case and they have openly admitted liability, then this is an open and shut case in which you need to issue legal proceedings and when the court asks you to supply evidence of their admission of liability, you should have no problem providing that and you will most likely win your case against them - I suspect that is not the case but I get the feeling that is the kind of answer you are looking someone to give you.

You should also know that if the terms and conditions are not reasonable or detailed (for instance there is not mention of the harassment by their hosts) then they are not quite valid.

I am aware that terms can be void for being unreasonable, but I'm curious for you to explain why their terms and conditions are not valid because they don't mention harassment? I'll be quite blunt with you and say that's a ridiculous statement and is an absolutely hopeless argument if you ever think of presenting that argument in front of a judge. Or if that's not the argument you are making here then please explain it to us.

So, I am paying attention but I don't think you are taking on board what we are trying to tell you and to give you steer in the right direction. You are free to ignore what we are telling you but then none of us are likely to reply as you can't argue with stupid.

If you are simply looking to start legal proceedings, you first need to send a letter before action and if you do a little searching online you will find plenty of examples and guidance on how to do that. If they fail to reply after that then you need to start the legal process using the Money Claims Online system or by filing an N1 Claim Form and sending it to the County Court Money Claims Centre, PO Box 527, Salford, M5 0BY together with the relevant fee either cheque or call up and pay using card. Again, there is a plethora f advice and examples on how to start the legal process and a good starting point is here A Handbook for Litigants in Person - Courts and Tribunals Judiciary.