Guest left early -- reasons described on AirBnB email -- Strict Policy -- Make dates available how?

[Mark396]

I have read many posts regarding this situation, but none are exactly like mine:

1.  Guest was booked for 5 days.

2. Guest left two days early and left keys -- stating they were checking out early for reasons of their own...no complaints:  to quote the guest:

"We decided to head out of town early as we think we've seen and done what we want to! Headed to XXXXXX for some vitamin d and some sea!"...."The house key is under the sofa cushion, in the front, right side. Thx again. "  

Today at 10:58 AM via Airbnb SMS

(IMHO, in both CA and in LA, that constitutes "notice to vacate.")

3. Guest gave this "vacating notice" via AirBnB email--see above time and date stamp.

4.  Strict Cancellation Policy is effective here.
5.  I would like to rebook those two nights, but first need to make them available.

I read many examples of why "those nights are paid so...":

a.  You're not losing money.

b.  You can't relist the dates.

c.   You have "no right to" .....(relist, complain, cry about losing money....etc..).

I read that "the client (guest) has to "cancel" the reservation" and then.....many things happen...NOT INCLUDING the option to relist  the remaining nights that were recovered. (BTW, it is my understanding that a COMPLETE CANCELLATION by the guest BEFORE the occupancy begins DOES result in the ability to rebook those nights...is this so and, if so,  why is it different?) 

My questions surround one key issue and one sub-issue:

a.  Key:  This is NOT SIMPLY about money.  It has to do with rights, responsibilities and liabilities realted to contracts and tenancy (or guest) regulations, etc.

b.  Sub-Issue:  It IS about money, also:  Why and / or under what concoction of law is a broken contract or altered contract still effective to reduce or eliminate the rights of the owner of the property?  In the state of CA, for example it is encumbant upon the "landlord" to "mitigate" damages by attempting to re-lease the space under a longer-term contract, for example.  Eve in CA, I'm pretty sure that when a tenant gives notice to vacate that the landlord has rights to lease that space restored to him for those days, weeks and months that nobody's home anymore, right?  

Questions:

1.  So...what is the process to relist and re-book those remaining nights....btw....AirBnB...tick tock...time is money in this business.

2.  What is the rule regarding Host / Owner RIGHTS regarding access, liability, etc AFTER a guest legally notifies the Host/Owner of their intended and actual curtailment of their vacancy?

ie:  if someone isn't "there" anymore, can they be held responsible for damages that occur AFTER they leave but before the end of the ORIGINAL term BEFORE they altered the contract by relinquishing their rights in writing, and turning over the keys?   What rights does the HOST / OWNER have to access the property to assess any damages before the time runs out to mitigate or report those damages to AirBnB under their terms and conditions?   If the Host / Owner has a right to enter the space, and to inspect for damages, then what rights as a Host / Owner do they NOT retain, and where are these minutae delineated??

(These are just a few simple examples...I could list many.)

Thanks for your help in advance, and btw, I'm now over 48 hours waiting for any kind of response (including two phone hours on hold...no answer, but nice hold music!) from AirBnb regarding a reservation alteration, and if anyone has suggestions how to deal with that, please let me know.

Thanks in advance from a new host, but an experienced Landlord / Tenant in multiple jurisdictions in commercial and residential real estate, but somewhat confused by AirBnB.  

Cheers!

[Linda108]

@Mark396  I hesitate to weigh into this conversation because your posting demonstrates you have given this considerable thought and you are not looking for input but you are looking for agreement.  Unfortunately, I don't agree...  I think your proposal is that you be able to be paid twice for the remaining days since the guest did not modify the reservation but they have vacated the premises.  Just my 2 cents...

[Mark396]

Linda,

Thank you for your response and I appreciate your time and attention.  I am still seeking guidance on this topic, mostly in areas not related to money, but, you bring up an excellent point:  you said: 

"since the guest did not modify the reservation"

A couple of questions, if you don't mind:

1.  What does that mean---ie...what can the guest (or I) do LITERALLY at this point or this morning when they left?

2.  What are the consequences of "modify((ing) sic) the reservation"?

3.  Are the consequences the same or different for a CANCELLATION before (or after) the stay begins?

In other words...how do we (guest and host) "modify" the reservation?  

BTW, since you, I gather,  believe that my idea is a "proposal is that (I) (sic) be able to be paid twice for the remaining days," is a bad proposal, or just my process is wrong, what do you propose that I do, do?  Is it the same or different when a guest cancels a reservation in advance?  Meaning should "you be paid twice" in that case (ie:  be allowed to rebook the days in question) or not?  

Sorry I'm confused, but these issues bring up real serious (non-compensatory) issues that should be hashed out from a liability and responsibility point of view to determine who is actually "controlling" a space:  The Guest? I (the Host) or AirbnB?  This is not an unimportant question.  

Thanks in advance for your help and feedback!

[David126]

Like you say the Guests have paid and they do not have to stay, no obligation.

You could both agree to alter the reservation period, they get their money back and you get your calendar opened for that period, is that what you want? I assume your guests would be happy to agree.

[Mark396]

David and Linda:  I think I follow your thought pattern:  If someone has paid for a space and they don't use it then too bad, (for the host) right?  Of course you both are focusing on the money, which as I said isn't my main issue.  I'm more conerned about liabilities, access and responsibilities than I am MONEY....but since that is the focus of your responses, I will begin there:  

I don't understand the logic of your answers, in light of the fact that this perspective would render cancellation policies completely mute, or am I missing something, David? 

Is it true that cancelling an entire reservation or No-Show on a reservation allows the host to BOTH:

a.  Collect under the strict guidelines (ie...you get paid) if the cancellation is less than a week before it should start, AND

b.  reopen the same timeframe for the host to rebook that same space on the same time on the calendar and (potentially) get paid AGAIN (is that greedy)?

Is that correct or not?  Maybe I just don't understand how it works:  ARE a. and b. both correct?  

That is what I thought the "cancellation policy" was all about.  So...WHY is a PARTIAL cancellation any different from a "socially responsible" or Legal or "terms and conditions" perspective from a FULL cancellation?  Where is the logic in that?  What difference does it make, HOW MUCH of the reservation they cancelled?  

Maybe???:    Is it simply a matter of OFFICIALLY "partially cancelling" the remaining time on the reservation?  In my case I have an email (SMS) giving a "notice to vacate".  No one has addressed that question...how do you OFFICIALLY do that, and if you do...do you reopen the calendar or not?  

Also:  Is that how it works on cancellation of an ENTIRE reservation, or is it different?  Is it GREEDY for a host to re-book an entire reservation that is cancelled?  Why is a partial cancellation different than one partially cancelled? 

Again..my real concern has more to do with my responsibilities for liability and damages under federal and local statutes, but no one has been able to tell me why a partial vs a complete cancellation is any different from the other.  

Still sincerely looking for help, not trying to justify my "greed" as a host.  Thanks in advance!

Mark.  

[Mark396]

Sorry, i mistyped here:  "Why is a partial cancellation different than one partially cancelled? "  SHOULD have said:

"Why is a partial cancellation different than one completely cancelled?"

I apologize for the mistype. 

Thanks for your help!

[Branka-and-Silvia0]

@Mark396

your days are still blocked because your guests did not cancel or modify the reservation. They just left. For Airbnb it is like they are still there.

[Mark396]

I understand, but I don't understand from a logic and legal perspective:  Let's use an analogy:

Let's say we're talking about a car the you rented from Avis or Hertz or whatever.  Let's say you rented it for a week, but you changed your flight and left it with the rental agency on Wed instead of Friday, which was the end of your contract.  Questions:

1.  What do you expect the rental company to do with that car before friday?

2.  How much money do you think the rental company owes you based on the fact that you had agreed to a weekly rental?

3.  If someone crashes the car on Thursday, who is to blame?

I'm asking these questions because I'm not entirely interested in MONEY, as you seem to imply.  As a real estate owner/ investor and tenant and landlord, liability issues and legal rights and responsibilities are much more important than money by far, and that's why I put the PRIMARY ISSUE as the one of legal status and tenancy, NOT money....

So to go back to the analogy....after you left the airport to go home to wherever you live, WHO CONTROLS THE SPACE, which is the car that you left at the airport before you went through checkin and TSA?  What rights to that vehicle do you retain and why?  Does the Auto Rental company have any rights or responsibilities with the vehicle from Wed to Friday or are you STILL RESPONSIBLE for it?

Does that help?

[David126]

If I returned  a car early I would see of there would be a refund, I know when I last rented a Backhoe once you hit the 4 day mark you might as welll keep it for a week.

There have been cases here where people have instituted a very generous weekly/monthly discount so guests have booked longer than they have needed. 

[Mark396]

I understand, but I don't understand from a logic and legal perspective:  Let's use an analogy:

Let's say we're talking about a car the you rented from Avis or Hertz or whatever.  Let's say you rented it for a week, but you changed your flight and left it with the rental agency on Wed instead of Friday, which was the end of your contract.  Questions:

1.  What do you expect the rental company to do with that car before friday?

2.  How much money do you think the rental company owes you based on the fact that you had agreed to a weekly rental?

3.  If someone crashes the car on Thursday, who is to blame?

I'm asking these questions because I'm not entirely interested in MONEY, as you seem to imply.  As a real estate owner/ investor and tenant and landlord, liability issues and legal rights and responsibilities are much more important than money by far, and that's why I put the PRIMARY ISSUE as the one of legal status and tenancy, NOT money....

So to go back to the analogy....after you left the airport to go home to wherever you live, WHO CONTROLS THE SPACE, which is the car that you left at the airport before you went through checkin and TSA?  What rights to that vehicle do you retain and why?  Does the Auto Rental company have any rights or responsibilities with the vehicle from Wed to Friday or are you STILL RESPONSIBLE for it?

Does that help?

Branka and Silvia:  I'm not suggesting that AirBnB "thinks they are still there" but am asking about the PROCESS to notify them without MY cancelling their reservation or otherwise violating their terms and conditions of becoming "super", etc.   I do not already know what to do, but I do rely on logic and coherence when it comes to issues of law and fact and money.  I'm not all about "creating a wonderful environment where everyone belongs", but I'm also not about "having to sue you" if you violate the terms of the social contract on the community website, either :),  At AirBnB, love comes with a price,  I'm just trying to figure out what the terms and conditions of those pricing mechanisms are, without emotion.  Thanks!!

[Mark396]

Sorry...I made a mistake and the website posted my post but said "correct the errors and resend "post""....Didn't realize that was duplicated..sorry.

In any case, I'm not disinclined to follow whatever procedure that ArBnb wants us to follow to report an "altered-early cancellation" reservation, but I don't want that to penalize me for following that procedure.  Also...isn't it true that if you cancel a reservation BEFORE it books that it makes those dates available to rebook?  I had this exact situation and offered the guest full credit for his "loss" by giving him a "special offer" that would allow him to book with me for the full value of what he paid....didn't have to do that of course, but I did anyway.....IN That CASE:  AirBnB reopened those dates for me to rebook them....is that a "social faux pax" because I was "already paid?"  I don't get it...why is a partial cancellation different from a full one?  

Maybe I'm missing something and if so, I apologize in advance, and thanks for your help.  I really appreciate it.

[David126]

Logicalities

I could probably write a book on the illogicalities I see in the AirBnb system, I am also aware that in addressing those you could open up others, such is life.

Legalities

That is easier, the booking conditions are ther terms and conditions as agreed by Hosts and Guests when using the site. Obviously other legalities could supercede these terms but none I see in this case.

Practicalities

Well if you are sure that a Guest has gone and is not coming back then you can still rent out the space, just not through AirBnB.

[Mark396]

I appreciate your thoughtful response; I really do.  I'm confused about this aspect:

If AirBnB wants to know that someone has "terminated" their stay, do they (we--guest and host)  do that by...what?  Altering the reservation?  But I thought you couldn't alter the reservation after it begins, or not?

If they do alter the reservation, does the cancellation policy apply or are we reducing their obligation to pay? I still don't know how cancelling all vs part of a reservation results in a different set of realities, do you?

Furthermore...if I "correct" the reservation, am I going to be in the AirBnb doghouse?  Is that even possible?  I already have a question into AirBnB regarding changing a different reservation by a guests and am closing in on 3 days wait for any response whatsoever from them....they aren't helping in that issue, and am going to likely lose the guest out of disgust...she has been very patient thus far, but I wouldn't blame her for bailing after 3-4 days waiting for resolution.

Sorry I'm so confused, but when policies follow logic it's (usually) easy. 🙂

Thanks again!

[Jayesh0]

@Mark396

The guest agreement is with Airbnb and you must honour the agreement that was made between them.  For example, if they had car trouble and came back to stay for the additional nights, they still have every right to be there as their reservation is still officially in place.  You will not wiggle out of this with their note on the message thread - the "official" state of the reservation will supercede any "notes" in terms of their rights as guests.

When you go to the message thread of the guest, you can see at the top "change or cancel".  When you click on this you have the option to change the reservation.  Click on it and then "change reservation" and you can alter the dates.  Make sure you note the amount before you adjust the dates.  Then submit the alteration.  

Personally, I think giving them some reduction in the price would act as an incentive for them to accept your request to change the dates.  I would also message them that you have offered a partial refund so that the cleaning lady can conduct an inspection of the property to ensure all is okay.  IF they accept - your dates will be available again.

As for the legal side of this, I would personally consider that the onus would be on me to have the cleaners go in and check that the gas was not left on or some water leaking that could cause major damage.  In the event that there was a need for an insurance claim, I believe that the onus would be on you to act responsibily and check the state of the property on receiving notice that they had vacated.

If this happened with booking.com and the guests did not adjust their dates, we would have to leave the apartment available for their return or be faced with any costs associated with relocating them if they came back.  If they did not accept the changes in the dates, we would leave the apartment available for them as we have a contract to do so.  I would imagine this would hold true for all online booking agents.

In short, your best option is to create an incentive ($$$) to have guests click on "accept changes".

Hope that helps, Lisa

[Emma94]

Why not just contact Airbnb for their help with this? It's not like anyone of us here can help you re-list your property or clear up your calendar. Arguing and debating in this matter seems like a complete waste of time to me.