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Tiffany Borkowski Airbnb 1
Airbnb Case Study
Tiffany Borkowski
The Entrepreneurial and Intrapreneurial Manager
Professor David Moradian
November 3,2023
Tiffany Borkowski Airbnb 2
16-24. Airbnb has a conditional contract that is an agreement between the property owner and the Airbnb company. “You're responsible for where, when, and how you host, so we want you to
be comfortable with the local laws and taxes. You can contact your local government with any questions. To get you started, we offer some helpful resources about responsible hosting. We ask
that you educate yourself about the laws and regulations in your area and review our Nondiscrimination Policy before listing your place. When you accept our Terms of Service and list your place, you certify that you’ll follow applicable laws and regulations. If you’re a Host in France, you’re confirming that you’ll follow applicable laws and any agreements made with third
parties” (Your local laws and contract, n.d.). Laws upon this matter differ from state to state, county to county, and city to city.
Airbnb also provides hosts with the ability to make a binding agreement contract between
host and guest.
“Guest contracts, as a Host, you can ask guests to sign a contract before staying at your place, but you must disclose the actual contract terms in your listing description. In addition, you must include the full terms in your message thread with the guest. If you fail to disclose the actual terms of the contract prior to booking, a guest can decline to sign it after making a booking request and ask you to cancel the reservation without penalty. Keep in mind, Airbnb can’t help enforcing any special policies in your contract” (Guest contracts, n.d.).
16-25.
From a business point of view, I would not change any rules/regulations/promises made by Airbnb. The company has done well by reducing the ability to be held responsible for
Tiffany Borkowski Airbnb 3
liabilities or legal issues that could ruin their brand image. In my opinion and with experience, the insurance involved in Airbnb’s business model is less than hosts would appreciate. The Airbnb company provides a (HLI) Host Liability Insurance that includes $1,000,000.00 coverage
of guest damages if it isn’t damages to the owner’s cash and securities, rare artwork, collectibles,
jewelry, pets, or the owner’s personal liability. Airbnb does not provide insurance for the home or place being rented other than the HLI. The company prevents the loss of business with this promise of (HLI). I like the company’s stance; they do make upgrades to their policies when legally feasible or needed action to run the business. Unless I saw drastic amounts of Hosts claiming damage that came in the form of the business going under; I wouldn’t change the HLI.
16-26. Distribution of Liabilities
“The scope of liability coverage for Airbnb is a complicated subject and there are many nuances involving insurance coverage. But, in most cases, a host’s insurance policy will not cover a guest’s injuries. Airbnb is a great facilitator, but when it comes to liability for Airbnb, it’s largely
guest and host beware” (Mccreadylaw, 2020). There are 3 distributions of Liability associated with Airbnb. These liabilities are allocated onto the company (Airbnb), the host, and the guest. Below I have listed the differences/similarities.
1.
Airbnb Liability:
“Airbnb may be sued if it allowed a dangerous host to remain as a member, but Airbnb has so many safeguards that they remove any potentially dangerous hosts well before anything happens to a guest. If something were to happen to a guest at a first-time host, Airbnb could credibly claim they had no notice of any potential danger. The contractual arrangement between Airbnb and their hosts is essentially to eliminate any liability against Airbnb.” (Mccreadylaw, 2020). Airbnb is not always held legally responsible for guests or hosts. Although the company has been held liable for certain
Tiffany Borkowski Airbnb 4
legal issues which Airbnb handles as lawsuits arise. “Airbnb was sued for allegedly discriminating against homes listed in Israeli settlements” (Lawsuits against Airbnb, n.d.). “In November 2020, a proposed class-action lawsuit was filed on behalf of Airbnb hosts alleging that the company's refund policy during the first wave of COVID-19 ripped off both hosts and guests, while the company secretly profited by retaining some of the money” (Airbnb Lawsuits and Arbitration - Bennett Injury Law, n.d.). “Another lawsuit was filed in 2021 by the parents of a 19-month-old baby who fatally ingested fentanyl while sleeping at an Airbnb in Palm Beach County” (Wire, n.d.). Most of the company’s liabilities lie within the form of negligence, breach of fiduciary duties, and consumer protection laws.
2.
Host Liability:
“Airbnb acts as a broker, putting willing hosts together with willing guests. Don’t look for anything more than that when it comes to liability. Unless there is insurance coverage for the property there is essentially no recovery for injuries. An insurance company may rely on the business use of the property to deny coverage for an Airbnb guest” (Mccreadylaw, 2020). “A host can be liable for an injured guest on their property, neighboring property damage, breaking the law, violation of agreements, and taxes” (Giorgianni, n.d.). If a guest is injured on your property they can sue you. If the host doesn’t pay taxes properly for the money they receive then they will be held liable. Some states don’t allow Airbnb in certain areas because of a rental/housing crisis and a host could be liable for breaking the law.
3.
Guest Liability
: “Simply put, if you stay at an Airbnb, you do so at your own risk. While the company does not guarantee the places people host, you largely do so at your own risk. Airbnb relies extensively on reviews. Not only can guests review the
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