Welcome to Sisters In Law, news.com.au’s weekly column for all your legal questions. This week, our resident lawyers and real-life sisters Alison and Gillian Barrett from Morris Blackburn offer advice on how to deal with a disastrous Airbnb stay.
question:
I stayed at Airbnb over the Christmas break and we had to pay a ton of money for it because that was peak time – $3000 a week to be exact. What was supposed to be a family treat turned into a disaster.
Airbnb hosts are saving money on the fact that listings are not as described. The photos show a bright and airy space, when in reality it was really dark and deserted; at 30, the description said 10 minutes to the beach; the grass in the garden was so high we were afraid to go for fear of snakes .
I complained to the owner while we were there and they didn’t even respond. I’m really not happy with how much we paid – what options do I have to try and get some of my money back? – Jane, Washington
Reply:
Disappointing that the property you stayed at was not as described, especially when you paid the peak surcharge.
We hear that more and more people are now Book a more traditional accommodation Choices (such as hotels and motels) due to poor experiences with Airbnb.
Airbnb is not regulated in the same way as traditional accommodation providers, with rules and regulations enforced by commissions and governments.
In contrast, Airbnb is self-regulating, and hosts and guests rate each other, so persistent bad reviews will mean no return business.
You are right to contact the landlord. Hope you took pictures too. Document these photos as well as your attempts to contact the landlord.
If the host doesn’t respond within 24 hours, we generally recommend contacting Airbnb directly.
Since you have left the accommodation, you should make one last attempt to resolve the issue with the landlord by requesting a partial refund and pointing out the problem with the property.
If there is no response, or if you are not satisfied with the host’s response, then you should contact Airbnb through their Resolution Center. You can only make a request through the Resolution Center within 60 days of your reservation’s checkout date.
Airbnb’s “Guest Refund Policy” covers accommodations that are unsafe (which can include anything from pool doors not closing properly to poisonous insects) or unclean (such as dirty sheets).
This policy also applies if key features provided in the listing description are not available (such as the wrong number of beds), key amenities are missing (such as air conditioning not working in summer), or the actual location of the accommodation is not as described.
This policy gives Airbnb discretion to decide if they should rebook you (which is not possible in your situation now that your stay has ended) or you will get a partial or full refund so you can offer them more On the subject, the more the merrier.
Generally, Airbnb will only accept reports of travel issues such as wrong locations within 72 hours of check-in, unless you can prove that doing so within that time frame is not feasible.
Finally, if you can’t resolve the issue with Airbnb and you booked with a credit or debit card, you can file a “chargeback” request with your bank. Your bank will investigate and handle the dispute for you.
To protect yourself the next time you use Airbnb, you should:
1. Carefully read the reviews of previous guests on the Airbnb platform, making sure the reviews you rely on are recent.
2. Consider the age of the property and whether the photos are up to date.
3. If you have kids, make sure the listing has kid-friendly amenities.
4. Check that there are emergency exits and that the home is fire safe – features that can prevent serious injury and even save your life.
5. Confirm that the landlord has the right to rent their property to you. If a landlord breaches their tenancy agreement or their body corporate bylaws, you could find yourself on the street.
6. Ask the landlord what insurance they have if something goes wrong.
When you arrive at the listing, if it is nothing like the photos or description, contact the host immediately through the Airbnb platform, take photos and detail what the problem is and how it needs to be fixed.
If the problem is not resolved, please contact Airbnb within 72 hours of check-in.
This legal information is general information and should not be considered or relied upon as specific legal advice. Those requiring special legal advice should consult an attorney.
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