Doesn't refunding a Guest from Hell send the message their behavior is OK?

[Elizabeth10]

My first time, but after multiple infractions and multiple warnings to these guests, I called Air|Gnb to have the guests evicted.  The decision?  They refunded the guest.  I provided AirBnb undeniable, documented proof in inbox messages and security photos and I was informed the rep was closing the case.

I thought that AirBnb supported hosts when guests intentionally, continually, defraud the host (extra unregistered guests), and disregard house rules (smoking)--and would not fault or penalize the host? But instead, they were rewarded with a refund. 

So I’ve spent Christmas Eve pouring over the Terms of Service (TOS) to find the loophole the rep could use.  I found nothing, other than another instance of ABB favoring the guest  over the host.  I kept telling the rep, if AirBnb allows this, what will they have learned and where is the incentive? I can guarantee you they will do it again to another host because they got away with it!   I will leave a negative review with all instances documented.

According to the Terms of Service (TOS and Guest Refund Policy.  The only reason a guest may receive a  refund is a TRAVEL ISSUE.  The travel issue is defined as

1. a) host cancels BEFORE the star or does not provide access to the accommodation.
2. b) inaccurate description
3. c) problem at the start of the booking (not clean or sanitary, health hazard, vermin, or non-disclosed pets.

NONE of these items occurred so why is the guest is not eligible for a refund? And I can't see where extenuating circumstances would apply.

I had to intercede (3 types over 3 days) and communicate issues to these guests  The result?  TOTAL AND BLATANT INGORANCE!

1) Inbox when they booked 12/17 at 5:37PM.  I not mentioned A) by booking, agreeing to listing, dislosures, & house rules, B) guest count has to be accurate (NO GUESTS ON PROPERTY NOT COUNTED) and C) NO   SMOKING  ANYWHERE ON THE PROPERTY   D) refer the guests to help guidelines and expectations for guests

2) at checkin they asked, “Oh, can’t we have guests?” Explained unregistered guest policy (2nd TIME)

3) I gave them a copy of the house rules (unregistered guests, smoking, etc.), which I found with popsicle stick and stains on it.  Apparently it was useful as a placemat

4) Two extra over the  2 paid guests stayed the night of 12/17 and smoked.

5) Tuesday 12/18 at 6:01 PM send a message thru inbox to guests to document several issues, including that they continued to break the unregistered guest and smoking. 

6) Tuesday 12/19 a unregistered female guest walks into my home

7) Tuesday 12/19 10:01PM a unregistered male guest walks into my home.  That’s when I called AirBnb and said “OUT NOW”

1. They also said at check-in “Oh, we’ll take care of your place” and proceeded to break the toilet handle in less than an hour in the home (note there is a sign above toilet that says press the handle GENTLY. Do not leave bathroom if toilet does not shut off, etc.).
2. See Pics on the dried makeup that was hard like nail polish on my oak dresser and hardwood floors (they walked thru it and tracked it thru the bedroom).  That’s just one of the many issues in cleaning up the filth and mess they left.

Since the Rep said he would refund 12/19 AND 12/20, they had full use of my home for the entire day of 12/19 and did not return the key until 12/20 (see house rules – guests are not checkout until keys are returned).  So  the guests used the space for 13 hours past normal checkout (into the next day 12:16am when the key was returned AND NOT PROPERLY—LEFT UNSECURED ON THE PORCH).  I told the rep from the beginning, if you refund with a checkout date of 12/19, they were trespassing on my property since they should have left before 11am.

It appears the TOS also backs me up on the above claim about trespassing along with host payment for "overstay":  TOS 8.2.2.1:

“If you stay past the agreed upon checkout time without the Host's consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, "Overstay Fees").”

Since they did not vacation my property at normal check-in time, as stated in the TOS, and if they do uphold the refunded 12/19, would I be due the Overstay fee (“a portion thereof”)?.  Actual checkout was 13 hours past normal checkout on the 19tth. “  

With all of the messages to guests, CSR, pulling security cam photos and watching videos, 30-40 hours total!  And to only receive ½ of my payout???  

Note:  I did receive the “unregistered” “extra guests” fees and 3 hours extra cleaning $115.00 worth.  They just called it even, so I still lost the 2 days of the booking even though I did nothing wrong.  So I keep asking this rep, why are they rewarding the guest with a refund for blatant disregard for my house rules, disrespect for my home and safety, etc.? 

I also have issues with the rep using the words “the conflict between the two of you”.  According to the dictionary, conflict is defined as “a serious disagreement or argument”.  There is no conflict raised by the guest in the inbox.   There’s only me, continually communicating to the guests to stop breaking the house rules \ policies.    The rep also stated: “it's in the best interest of everyone” (to give them a refund), “turn around this experience for both you and your guest”, “meet you half-way”, “stay cool, positive and always keep a beautiful, happy smile on your face”. 

Hard to do that when you are continually having to raise  a single finger at the computer screen. It is insulting and like being slapped in the face while the propaganda to solicit hosts tells us "AirBnb has your back". On the safety page "Your space, your rules. To help set expectations, you can add House Rules that guests have to agree to before booking, for example restrictions on smoking and events. If a guest breaks one of these rules once they’ve booked, you can cancel the reservation."

[Cormac0]

@Elizabeth10

Bet you don't feel like you’re running your own business now! under the circumstances you describe how can Airbnb in all honesty say hosts are running their own business (Check out T&C in this regards), it’s not like any business I've run, and I've run a few.

It’s only a matter of time before government start legislating for this grossly unethical business practise, Airbnb are making decision around our financial wellbeing but at the same time taking no culpability for their own clients “Guests” behaviour.

There only a “Listing site” must be the greatest con job this century!

[Cor3]

Hi @Elizabeth10,

Many stories, like yours, have been described here.

And the verdict always seems to be: Nights not stayed, will be refunded by Airbnb.

No matter what behavior, situation, rules, evidence or what have you.

They can afford to lose hosts, as there will be others to replace them.

But they do not want to lose a single guest.

It wouldn’t even surprise me, when they have given your previous guest a $ 20 voucher too, to book somewhere else.

All caused by the money flow direction 😞

[Branka-and-Silvia0]

I've seen it hundred times here on CC - Airbnb doesn't respect its own rules 😞

[Elizabeth10]

An so essentially, our house rules are worthless??!!  And if the listing and house rules says no smoking, guest smoke and it's up to the host to rehabilitate their homes at their own cost and own time.  They have  a ticket to ride and ride and ride.

[Cor3]

Hi @Elizabeth10,

Our house-rules are not entirely worthless. But they are surely no guarantee for no refunds, when the rules are broken.

Smoking in a non-smoking property and staying with more guests than mentioned in the booking. Are the most well-known rules to be broken.

[Elizabeth10]

Well anyway, I'm going to dispute the decision as I have provided their terms of service and guest refund policy, which uphold that the only possible decision is that I am due monies from the original booking, and the guest should not be refunded.  Otherwise, since they did not vacation my property at normal check-in time, as stated in the TOS, I am due the Overstay fees as well as report them for trespassing.  In several responses to the rep, I made sure to not word it as a threat, but stated I am often contacted by the media to share my story as a host.  I said if you refund, you are providing me with ample material so that the media can share to future hosts so they are informed before before listing on this platform-especially that guests can use their lack of host support to their advantage.

[Tony134]

https://community.withairbnb.com/t5/Hosting/How-to-Start-Fixing-Airbnb-CS-and-Many-Common-Issues/m-p...

@Elizabeth10 Please also leave your feedback in the above thread.  I would like to keep it open and up at the top of the forum results, and you will see it pretty much describes your entire experience to a T.  Airbnb CS team is currently grossly mismanaged my someone who pretty much has the common sense and empathy of a rock.

Even though the correct handling of these issues should be obvious, Airbnb will probably not stop until we class action them out of business or back into the red.  They handle all issues like this by design, it is not a 'bad rep' you've gotten or anything like that.  It is classic bad faith, and very similar in design to the way shady insurance companies act.  Please leave your feedback in the thread above, please drop in there any time to add to it.

The new cs team leader has been there for over six months, and hasn't fixed a single thing, but started a party for 'Superhost Week' like a week or two ago.  It's so insanely insulting, you just have to see it for yourself.   Sigh, the reason I opened my Airbnb is because I didn't want to work for sociopaths, and boom here I am again enriching someone who isn't worth dirt (looking at you Brian Chesky).

[Elizabeth10]

I don't know why I keep typing vacation, but as you probably guessed, I meant "vacate"

[Pete28]

Better still they will get to leave a review. 

[Elizabeth10]

I know and it will be totally revenge \ retailation.

[Elizabeth10]

What I’ve learned so far:

• to·tal·i·tar·i·an·ism noun - a system of government that is centralized and dictatorial and requires complete subservience to the state.
• The house rules are only useful to get guests out (?).  There is no enforcement or incentive for guest to adhere to them at all--and the guest can continue on their merry way to the next place--with a potential bonus.
• It’s your choice of whether you need the money (which I desperately do) OR want to protect your safety, property, etc. due to a guest who continues breaks rules, etc. Since I chose the the latter, I was (and will be) penalized either way--and the guest can continue on their merry way to the next place--with a potential bonus.
• this is not the first of many guests who lit up a cigarettes – right in front of my NO SMOKING sign—all caught on Candid Camera.--even if they ignored my booking message, house rules (listing & printed copy).    All my claims for rehabilitation \ decontamination costs and time have consistently been denied.

 1:14 PM

Hi Elizabeth, This is xxxxxx with Airbnb. I tried giving you a call, but was unable to reach you. Please let me know a good time to give you a call back. Thank you~

Elizabeth 1:22 PM

Thank you for your prompt response. Please respond by message.

Airbnb Support 1:24 PM

After reviewing the reservation, no refund was issued to your guest at all. Nothing was touched on the reservation. You're still receiving the full payout.

Elizabeth 1:31 PM

If you look at the details, I requested 3 extra hours of cleaning up the filth and mess plus $40 for the number of extra guests. So there is roughly $110-$115 unpaid.

Elizabeth 1:31 PM

I hit enter too soon. they let me "keep the payout" for the reservation, but  the 3 hours of extra cleaning and the extra guests fee unpaid.

The rep closed that case and basically called it "the best interest of everyone, etc.".  There should not be any "1/2 way" when guests intentionally and blatantly break policies and house rules and the host needs to have them "evicted" for those reasons.

Airbnb Support 2:18 PM

I do sincerely apologize for the troubles caused by the guests. Generally, we as Airbnb always reserve the right to make the final decision when we are involved. In these particular cases since the reservation was not going to work out due to the guests breaking your house rules, we would alter the reservation to have them check out immediately and refund them for the nights not spent. This was the decision that the previous agent took and one that we will uphold per our Terms of Service.

Elizabeth 2:43 PM

Where in the terms of service does it refer to always refunding guests who break the rules-no matter what?

Airbnb Support 2:44 PM

The Terms allow us to make that decision. There would be nothing that states that specific scenario.

Elizabeth 2:46 PM

Ok, but what section(s) of the terms did you refer to "one that we will uphold per our Terms of Service."

Airbnb Support 3:01 PM

I'm saying we're upholding the decision as that is reserved right per our ToS.

[Kelly149]

@Elizabeth10 didn't we talk about how ABB isn't a great platform for you/your house recently?? This is their standard MO. Guests generally haven't treated you well. ABB won't make them. Please make some changes. Vet your guests better, raise your rates, lower your rates, offer more, offer less, get a roommate, host a convict or a student or a missionary or anyone other than ABB guests. 

ABB will not make guests behave well, ABB will not enact penalties for bad guests, ABB rules are suggestions. This is a problem that only you can solve; ABB will not help you. Best of luck

[Jen-Marie0]

Thank you for the thread here - I am also experiencing these issues - I have had to kick out at least 3 sets of guests in 3 months from different units. In all cases Airbnb did nothing to help us and support would not even take our calls and did not contact us until days and even weeks later on the issues. I am happy to join the party to work towards change here.