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Airbnb “Bribes” Host with Cash Under NDA After Partiers Destroy Apartment

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Re: Airbnb “Bribes” Host with Cash Under NDA After Partiers Destroy Apartment

#221

Post by will_brown »

sk5t wrote: post #200
will_brown wrote: post #186

Earlier quoted context omitted.

In fairness I haven't read the contract between this host and airbnb...but very unlikely is anyone "entitled" to any funds legally. 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 settlemen…

Is there room for such a term as "strongarm tactics" in your lexicon? And how do we feel about the gross imbalance in power between AirBnB and an individual?

I'm not trying to tell anyone how to feel, just objectively explaining why settlements have to have deadlines. Of course unlevel playing fields are always a concern, obviously that's naturally going to be the case between multi billion dollar companies and the little guy. One party (hopefully) has fully developed processes and procedures, likely developed/vetted by a large firm or in-house Counsel, but forcing open ended settlement offers on them isn't leveling the playing field. Such a system might only unlevel the playing field more, for example this claims process (while far from perfect) likely would exist, it would basically be telling the little guy to hire a lawyer from the beginning.

Yes there are terms for "strong arming" that would invalidate contracts or even this settlement: "coercion". Now think more along the lines of the GodFather making an offer he can't refuse (gun to your head asking you to sign) or I'm locking you in the room until you agree verse an offer with 24 hour deadline to accept with a confidentiality provision.

Re: Airbnb “Bribes” Host with Cash Under NDA After Partiers Destroy Apartment

#222

Post by mikeash »

emodendroket wrote: post #184
mikeash wrote: post #120

Earlier quoted context omitted.

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…

Why would anyone "settle" without you agreeing that you weren't going to seek further damages? That's the whole meaning of "settlement."

Then it shouldn't be a "settlement" when you're obviously owed the money and there's no question about it. I don't "settle" every time I get a refund for a defective product or an insurance payout for some covered incident.

Re: Airbnb “Bribes” Host with Cash Under NDA After Partiers Destroy Apartment

#223

Post by mikeash »

monochromatic wrote: post #193
mikeash wrote: post #41

What's going on here? The first half of the story sounds like routine corporate incompetency. Representatives don't read your stuff, can't be bothered to follow their own procedures, and screw you over. Unacceptable but, alas, fairly common when dealing with big companies. The NDA is where it goes off the rails. He's entitled to that money, so why would they try to put conditions on it? I'm sure they're not thrilled…

It's a legal settlement of a claim for money damages. Those usually do come with a confidentiality clause.

OK, but then why are they trying for a legal settlement rather than just paying the guy what he's owed?

Re: Airbnb “Bribes” Host with Cash Under NDA After Partiers Destroy Apartment

#224

Post by collyw »

Asooka wrote: post #217
shados wrote: post #134

Earlier quoted context omitted.

With normal tenants, you gamble once every couple of months or years. With AirBNB, you roll the dice possibly every few days or more. It's the same difference as owner occupancy vs renters, but taken to the next order of magnitude.

Also, with normal tenants you don't rent the home you live in.

You rent them the home that they live in.

Re: Airbnb “Bribes” Host with Cash Under NDA After Partiers Destroy Apartment

#225

Post by throwaway7767 »

rdl wrote: post #3

I don't understand how people could do that much damage and it would only come to $8k. Just the cleanup and repairs to the complex outside of his property should be nearly that much; losing his lease, other damages, and damage to his property should be a lot more than that.

It's quite possible that exterior damage was covered by the insurance of the homeowners/building association. I'd love more information on this case to see if that's true.

If that's the case, it's another example of negative externalities from AirBNB being dumped on the neighbors of a host.

Re: Airbnb “Bribes” Host with Cash Under NDA After Partiers Destroy Apartment

#226

Post by amyjess »

abandonliberty wrote: post #152
tptacek wrote: post #87

The irony of YC's flagship startup forcing exploding term sheets on their customers is a bit much to take. [ ps ] Airbnb's statement concluding this story says that this interaction fell short of their expectations. Maybe they can go a bit farther. Can they commit (just a comment here would suffice) to not using the exploding-settlement tactic with their clients? Maybe all they'd really need to say is that nobody out…

Interesting to note that AirBnB is screwing over both hosts AND guests. As long as things go well it's fine. The moment there's a problem it's a nightmare. https://bkpk.me/why-the-risk-of-airbnb-is-not-worth-it-anymo...

They also screw over the neighbors of the hosts, too.

> During the party, the unwelcome guests overflowed out of his unit into the entire apartment complex, where they partied to blaring music (they came with a professional sound system), urinated all over, fought (with each other and the neighbors) and took drugs to the point of passing out in the stairways, hallways, courtyard and other public areas. Neighbors called the police five times and some partiers left, but most remained and locked themselves inside to continue partying.

This is why I hope the governments throw the book at AirBNB and their executives for every single law they've broken.

Re: Airbnb “Bribes” Host with Cash Under NDA After Partiers Destroy Apartment

#227

Post by amyjess »

diminoten wrote: post #147
cortesoft wrote: post #55

Earlier quoted context omitted.

The reason Dinulescu doesn't go after the idiots directly is the same reason you go through insurance companies when there is damage - because that is the service you are paying them for. Now, AirBnB can absolutely go after the guests, but they have to decide if it is worth it. It is going to cost resources and money (probably more than the $8000 they are paying), and there is still a good chance that the guests won'…

That's a good point, but still shouldn't these people be held criminally liable? I feel like they went well above what any local law would allow for their behavior.

The police should really go out of their way to make examples out of the partiers. Charge them for every single act of vandalism, drug use, public intoxication, public urination, assault, battery, disturbing the peace, etc., and seek the maximum sentence for every one of them.

And for the official guests who actually rented the room and threw the party, charge them under organized crime and racketeering laws. After all, they organized a group of people to come to a rental property and commit numerous crimes. The police's explicit goal should be to Swartz them.

Re: Airbnb “Bribes” Host with Cash Under NDA After Partiers Destroy Apartment

#228

Post by garethsprice »

mtalantikite wrote: post #97

A friend of mine is having similar issues with a neighboring apartment in their building in a more suburban neighborhood of NYC. Large parties of seemingly underage kids have been renting the apartment upstairs, throwing weekend long parties, and trashing the surrounding area (using the side of the house as a bathroom, for instance). The landlord doesn't seem to care since the unit would otherwise be empty and he can…

Assume they've tried calling the cops already?

NYC's been cracking down on short-term/airbnb sublets recently so if you can twist the right arm you might be able to get something done.

I recently helped a friend with a housing issue (deadbeat subtenants) and we discovered that the NYC housing court has a great service where you can talk to a housing lawyer for free, might be worth a shot to see if your friend has any legal options: https://www.nycourts.gov/courts/nyc/housing/vlpselfrep.shtml...

Re: Airbnb “Bribes” Host with Cash Under NDA After Partiers Destroy Apartment

#229

Post by abandonliberty »

amyjess wrote: post #226
abandonliberty wrote: post #152

Earlier quoted context omitted.

Interesting to note that AirBnB is screwing over both hosts AND guests. As long as things go well it's fine. The moment there's a problem it's a nightmare. https://bkpk.me/why-the-risk-of-airbnb-is-not-worth-it-anymo...

They also screw over the neighbors of the hosts, too. > During the party, the unwelcome guests overflowed out of his unit into the entire apartment complex, where they partied to blaring music (they came with a professional sound system), urinated all over, fought (with each other and the neighbors) and took drugs to the point of passing out in the stairways, hallways, courtyard and other public areas. Neighbors call…

It breaks my heart a bit. Airbnb, Uber, Zenefits - these are the recent ambassadors of SV to the world.

When will perception of SV be worse than that of finance?

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