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AirBnB Lawyer

Airbnb promises that property owners can use their property to earn extra income. In exchange for a healthy cut of the rental payment, Airbnb allows owners to list their property. It seems to be easy money for Airbnb, which charges service fees to both guests and owners. AirBnB provides policies and procedures and gets involved in disputes between renters and owners.

If you have a ChatGPT Plus account you can use this arbitration and small claims court self-help tool to help understand your legal rights and draft pleadings to be filed against Airbnb.

If you have a ChatGPT Plus account you can use this arbitration and small claims court self-help tool to help understand your legal rights and draft pleadings to be filed against Airbnb.  

Arbitrate against Airbnb - AI Assistance Tool

Airbnb Has Many Rules and Tries to Skew the Balance of Power in Its Favor

“Airbnb provides an agreement with owners that is full of intricate terms and conditions that help shield the company from lawsuits”. This makes it almost impossible for owners and renters to sue the company when injuries, damages, or other unfortunate accidents occur. Airbnb claims to be nothing but a middleman when an owner has a legal issue and tries to force an arbitration agreement that keeps cases out of court.

Airbnb Protects its Own Financial Interests Over Everything Else

“Owners can clearly see that Airbnb does not act in their favor. To Airbnb, “the customer is always right”, meaning that Airbnb favors the renters on the app instead of the owners, despite both parties paying service fees.” Airbnb has its own financial interests to look after, and it will do whatever it can to keep as much money rolling in as possible. For Airbnb, this formula works. The company takes in over $8 billion each year in revenues, while hosts struggle to earn money over the platform.

If you are an owner, and you are having a dispute with Airbnb, you need the help of an experienced attorney. You can get legal relief, whether it is individually or collectively.

Why You May Need to Arbitrate Against Airbnb

There are numerous reasons why you would need to arbitrate against Airbnb. The company does not always follow the terms of its extensive agreement with property owners. For example, you may feel that you have been arbitrarily banned from Airbnb. The Company aggressively bans hosts when they do not follow the terms of the agreement (although Airbnb seems to breach their own agreement at will). In some cases, these broad bans will sweep in more hosts who have done nothing wrong.

Airbnb Does Everything it Can to Keep from Being Sued

The Airbnb arbitration clause is relatively airtight. There is little that you can do to get your individual dispute with the company into state or federal court. When individual owners try to sue Airbnb, courts often throw out the case because the company forces hosts to sign a waiver of their legal right to sue the company as a condition for signing up with Airbnb.

While the company tries to satisfy customers, it does everything possible to legally dodge its hosts.

You Can Arbitrate Against Airbnb and Win

Nonetheless, you can still prevail in arbitration with Airbnb. Even though arbitration is thought of as a company-friendly forum, you can still get legal relief. When you come prepared for arbitration with the help of an experienced lawyer, you have a chance of winning.

The Airbnb contract is a two-way street. Just like they try to ban hosts when they believe that hosts are breaking the agreement, Airbnb must also follow its own contract. If they do not, you can make them pay.

The arbitration process with Airbnb happens more quickly than a regular lawsuit. Your case can be over in a matter of months, from start to finish. Here are the steps to filing for arbitration with Airbnb:

  1. Before you file for binding arbitration with Airbnb, your agreement with them requires that you send them a description of your claim. These procedures give Airbnb a head start because they can begin to prepare their own defenses to your claim.
  2. You must fill out a standard form from the American Arbitration Association and pay the AAA’s fee for the arbitration
  3. You must then upload the necessary documents to the AAA’s website, including a copy of your contract with Airbnb and all the documents that support your claim.
  4. Once you have filed for arbitration, AAA will send a confirmation email. You must then send a copy of the request for arbitration to Airbnb

AAA will appoint an arbitrator to hear your case and decide the matter. You would have a hearing in front of the arbitrator, at which you would present your case and explain why Airbnb breached your contract with them and owes you money. At some point after the case, the arbitrator would issue their decision.

 

If you have a ChatGPT Plus account you can use this arbitration and small claims court self-help tool to help understand your legal rights and draft pleadings to be filed against Airbnb.  

Arbitrate against Airbnb - AI Assistance Tool

Arbitrate against Airbnb – AI Assistance Tool

The Arbitrator’s Ruling Is Binding and You Cannot Appeal

An arbitrator has very broad power in your case. They have the power to order any remedy against Airbnb that a judge would in court. You cannot appeal their ruling, and there are very limited grounds under which a court would overturn an arbitrator’s ruling (such as the arbitrator being biased, mishandling evidence, or not following the rules of arbitration)

You can be certain that Airbnb will come to the arbitration with its own lawyers to try to get out of paying you money. If you do not show up with an attorney of your own, you are at a distinct disadvantage. At Traverse Legal, we routinely go up against Airbnb in arbitration, and we know their tactics. Our experience can benefit you and give you a better chance of winning your case.

Class Action Lawsuits Are Difficult But Not Impossible

Even though Airbnb tries to force its hosts to waive their right to file class action lawsuits, there have still been mass cases against the company filed by owners.

One recent example is the class action lawsuit that was filed against Airbnb after the company allowed customers to cancel reservations for one month at the outset of COVID-19, in violation of the agreement between the company and its hosts. Even though Airbnb took money from the hosts, it never entirely refunded customers and it only partially covered hosts’ losses with a fund that it established. The company was having its IPO shortly thereafter, and it did not want to anger its customers. Airbnb’s CEO even expressly admitted that he sided with customers over hosts, notwithstanding a binding legal contract with property owners. The company seems to have emerged handsomely from COVID-19, but hosts are still struggling today in light of the lost income.

In order to get your class action case heard, you would need to overcome Airbnb’s attempt to dismiss the case on the basis of the arbitration clause. The company is sure to fight hard to keep your case out of court. For example, the company successfully got a case dismissed when an individual plaintiff sued for discrimination. Your attorney would be prepared with arguments about why the case should be allowed to proceed.

Some Class Actions Lawsuits Have Gotten Their Day in Court or a Settlement Agreement

However, judges have denied Airbnb’s motions to dismiss cases, allowing class action lawsuits to proceed. Still, it is difficult to get your day in court against Airbnb. A court could decline to hear the case and send it to arbitration. Nonetheless, your allegations will always be heard by someone who has the power to order relief, whether it is a judge or an arbitrator.

For example, one class of hosts that were wrongfully banned from Airbnb successfully sued the company in a class action lawsuit and settled the case. In another case, a judge denied a motion to dismiss a class action lawsuit against Airbnb.

What to Do When You Have a Contractual Dispute with Airbnb

If you are involved in a dispute with Airbnb, you should do the following:

  1. Preserve all the documentation of your dispute, so you can provide it to your attorney
  2. Keep copies of all of your communications with Airbnb
  3. Act deliberately and do not do anything rash
  4. Hire an experienced lawyer to handle your case to improve your chances of winning

An experienced Airbnb attorney can do the following for your case:

  1. Determine the best path toward potentially getting financial compensation from Airbnb
  2. Communicate with Airbnb to potentially resolve your dispute
  3. Handle the details of your arbitration and represent you in front of the arbitrator
  4. Attempt to file a class action lawsuit on behalf of you and others

Contact an Airbnb Lawyer Today

If you are having legal difficulties because you believe that Airbnb has breached its agreement with you or has committed some other kind of wrongful act, you can take action against them. Our lawyers will not let the company hide behind an agreement that they are not following. The attorneys at Traverse Legal know how to take on Airbnb on behalf of hosts and others who have been wronged. To speak with an attorney about your case, you can send us a message online or call us today at 866-936-7447.

Traverse Legal’s Attorneys are globally recognized for their experience and results in the legal areas of: Complex Litigation, Internet, TrademarkCopyrightCybersquatting, Drone, Defamation, Trade SecretNon-Compete, and Business Law.

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We’re here to field your questions and concerns. If you are a company able to pay a reasonable legal fee each month, please contact us today.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.