181–190 of 232 posts
Am I the only one disgusted by the canned replies from Airbnb to Luciano? The guy had his home ruined and all Peter from Airbnb can talk about is file format requirements. Where is the empathy?
Hard to say what I'd do when I haven't been in that situation, but in a past dispute with a large company, I felt I had the freedom to make them pay for their desired confidentiality. (It wasn't quite like this situation, but somewhat similar.) I demanded a 60% premium over their "final" offer for the confidentiality clause. They told me to take a walk, but reversed and paid after my lawyer contacted them. (the 60% w…
Earlier quoted context omitted.
It's not unusual for settlements to have conditions attached, which makes this NDA thing somewhat less outlandish than it seems at first. For instance, if you settle with an insurance company after a car accident, you may have to sign something which says "that is it", waiving your right to sue anyone for anything more. If the person is properly compensated 100%, but keeps talking, it can be argued that their materia…
I would only expect that to happen in a case where there's some wiggle room. For example, I might expect it if I settled with an insurance company after a car accident, but I wouldn't expect it if I was obviously owed money by my insurance company. The case here seems completely cut-and-dried. AirBnB owes this money, so they should pay it, end of story. I'd only expect an NDA if they were paying more than they had to…
Am I the only one disgusted by the canned replies from Airbnb to Luciano? The guy had his home ruined and all Peter from Airbnb can talk about is file format requirements. Where is the empathy?
Though this is a repeat of history as this has happened before, for example with the guy that got bitten by a rottweiler[1].
[1]: https://www.nytimes.com/2015/04/11/your-money/questions-abou...
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Thats a pretty unreasonable request that a billion dollar company agree not to include deadlines in their settlement offers moving forward. In fact I've never heard of a settlement agreement without a deadline, it wouldn't amount to malpractice but it would be pretty negligent to offer any type of settlement agreement on open ended terms of acceptance. As to the NDA/confidentiality, that too is the default of settlem…
This doesn't read as a settlement to me. It reads as "if you want the rest of the sum you are entitled too, you have to sign this NDA so you won't be able to further tell the public how we've tried to not reimburse the damage".
Rather, airbnb likely has a provision for a claims process to evaluate these types of incidents, make determinations and if applicable make an offer to settle the claim. But the host is not unilaterally entitled to any funds.
Now if the host is unsatisfied with the terms of the settlement for any purpose, whether it be the amount, the required release of liability or confidentiality...then, the host can reject/counter the offer and take it to court if necessary, where they can prove they are entitled to damages and airbnb is liable for said damages.
But for the record you are right that is how it reads, because that's the rule on how settlement agreements read. In other words if you want to resolve x here and now with me putting cash in your pocket, while simultaneously waiving my right to due process, you will release me from further liability regarding the claim, and agree not to disclose the terms of the settlement. Otherwise you can incur the time and costs of court and I'll do the same to begin preparing my defense, And that's why I can't leave the offer open ended because the circumstances of the claim have changed (in this case time and cost involved, but in others it could be evidence that comes out that helping my case).
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How did you resolve it? Did you just eat the loss? In the US, the best recourse would probably be to sue or file a police report for destruction of property. Neither of those are great options, but they might end up being arrested depending on the municipality.
File a police report, then go to small claims court. I think the limit for small claims is $7k, but it might be higher now.
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"Exploding" the way you are referring to it really is a term related to startup funding, right? The problem is startup funding != claims/dispute resolution/litigation. In other words...exploading offers in funding don't have the same justification as deadlines to accept settlements. Moreover, settlement offers need deadlines because if they are not accepted the legal cost are exponentially increasing for both parties…
An exploding offer is simply one that has a deadline set so short that the recipient must accept or reject on the spot. In startup funding, they're intended to prevent you from comparing an offer to other potential offers from other investors. In the Airbnb case, they're intended to prevent you from consulting with a lawyer or further appraising your damages.
I find it shocking that someone thought it was a good idea to list a flat on airbnb that they're only renting themselves. Largely in England subletting is not allowed under the terms of rental agreements.
It's not just in England. In the US, while subleasing is sometimes allowed it is almost always forbidden for short-term rentals. Many landlords now include explicit "no AirBnB renters" clauses in leases as AirBnB has become more popular.
Is it correct that the article asserted damages assessed at USD 8K but offered to reimburse just under USD 2K? I could be overreacting to this, but I had a really strong reaction to this article. I'll preface relating this by stating that in pretty much everything, I would usually side with the large company or startup. Just my point of view. I'm not overflowing in sympathy for people complaining about dealing with c…