How Airbnb Manages to Ignore Basic Contract Law- Learn more here [ Ссылка ]
Accountability. Transparency & Consequence Are Keys to Contract Law.
Contract Law Basics - Offer and Acceptance - Contract Law requires the contract to be clear in order for there to be a meeting of the minds on all material terms - All materials terms must be set and understood. = Vague and Illusory Terms are Unenforceable. - Contract is binding on acceptance of the offer - Contract may not be modified unless the parties consent
In our case, you have a contract with Airbnb captured in the Terms of Service; Guest has a Contract with Airbnb for use of the platform also in TOS. - You have a rental contract with the guest that is set at the moment the reservation is confirmed. - Airbnb is not a party to your rental contract with your guest.
Your Contract with Your Guest - According to Airbnb, they can reform and modify your contract with the guest whenever they want for whatever reason they want in their sole discretion - Typically include terms that essentially say "It Does not Matter What We Agree to, We can Do whatever We Want" "Trust us'"we know what is best" - Airbnb takes away your remedies - No Collective Action - No Class Actions - By Limiting remedies, the worst that can happen is a single arbitration award of negligible money damages meaning nothing to Airbnb.
Contract enforcement is the key to compliance - While individual arbitrations may not register or cause change, individual arbitrations filed collectively can - Airbnb Hosts Acting together are bigger than Airbnb - Airbnb should stay out of the property management business.
Airbnb's terms should be clear, avoid any discretion and emphasize Airbnb's role as a platform -All terms that are not clear are unenforceable = All terms that provide discretion to Airbnb are unenforceable - All terms that allow Airbnb to interfere with Host and Guest Contracts should be unenforceable - All terms which provide Airbnb the right to change the terms and apply them retroactively should be unenforceable
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