Airbnb host has $6400 in property stolen by guests

SEe this post on the CC about this issue:

community.airbnb.com/t5/Hosts/UPDATE-6-400-THEFT-NO-RESPONSE-FROM-AIRBNB-AIRBNB-HOSTS-DID/m-p/206663#U206663

UPDATE:~$6,400 THEFT - NO RESPONSE FROM AIRBNB | AIRBNB HOSTS - DID SOMETHING SIMILAR HAPPEN to You?
Nisim
Level 2in San Francisco, CA
2 hours ago

Hello everyone, I have an update and unfortunately the response I received from the Airbnb Trust and Safety Team is

un-truthful and deceiving and I might as well just categorize it at this point as Shameful.



I think the information below can be of great help to other Airbnb hosts in the same situation so that they are not deceived into believing that significant parts of their losses are not covered.



Here is my response to Airbnb Trust and Safety, and below that is the response I received from the that department last night, just an hour or so after going public with this (after two weeks of absolute silence despite my repeated phone calls):





Due to the serious concerns regarding the response received from Airbnb Trust and Safety, as detailed in this email,
we strongly request that a senior Airbnb Trust and Safety manager intervene and resolve this issue as soon as possible.

Dear Peggy and Airbnb Trust and Safety,

Thank you for the response. I carefully read your email and discussed it with my attorney this morning.

At this point we are not pursuing legal action but we are very concerned with (2) statements you made, as detailed below.

I will work with Airbnb to resolve these issues in the next few days.

I will provide to Airbnb the requested information. It will be to establish the Repair or Replacement Value, for the items that were stolen. This will take me a day or two.

We note that only my public outreach from last night made Airbnb Trust and Safety finally respond to the crime which took place two weeks ago.
The response came two weeks after it has been reported to Airbnb and after numerous follow-up phone calls were ignored.
We note for the record that Airbnb has not responded within a reasonable amount of time to the crime that was committed in my property .

We are disappointed and concerned to now find the following 2 statements in your response to be incorrect and untrue.
As a result, we have no choice but to directly question if these 2 statements and the delayed response were made in good faith.

A continued lack of professional response, or dragging the resolution of this case and waste of attorney time or a continued bad faith approach as documented in this and in previous communications - will result in vigorous legal and public opinion action.


The 1st Issue with the response

In your email you stated the following, quote:

"The Host Guarantee does not cover cash and securities and certain types of property, such as jewellery, collectibles and artwork. "
...
"Claims denied:
1. Large Metal Art Piece
2. Half Body Statue
3. Golden Tiger Statue"


For the record (see the 2 files attached with this email):

This Airbnb official source only excludes "rate artwork":
www.airbnb.com/help/article/279/what-is-the-airbnb-host-guarantee

Quote:
"The Host Guarantee Program doesn't cover cash and securities, collectibles, rare artwork, jewelry, pets or personal liability. "

The main Airbnnb Host Guarantee Program document does not exclude Fine Arts. It actually defines what "Fine Arts" means under this document, and requires hosts to establish the cash value and replacement value in order to obtain payment for such items:

www.airbnb.com/terms/host_guarantee

Quotes:

“Excluded Losses” ...

Note: The Excluded Losses section lists excluded items in categories 1 through 12 which do not discuss art at all. Check your official Host Guarantee T&Cs webpage!

The Excluded Losses section is followed by the following paragraph, which does not exclude Fine Arts. It actually defines what "Fine Arts" means under this document, and requires hosts to establish the cash value and replacement value in order to obtain payment for such items:

“Fine Arts” means paintings; etchings; printed photos; pictures; tapestries; rare or art glass; art glass windows, valuable rugs; statuary; sculptures; antique furniture; antique jewelry; bric-a-brac; porcelains; and similar property of rarity, historical value, or artistic merit. “Fine Arts” does not include automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, watercraft, aircraft, money, or securities.

To further support our position: Section IV of the same Airbnb Host Guarantee T&C's document further supports our position. In the this section the document is requiring the hosts to establish the value of Fine Arts for reimbursement:

"IV. Conditions to the Airbnb Host Guarantee
IN ORDER TO BE ELIGIBLE TO OBTAIN PAYMENT UNDER THESE AIRBNB HOST GUARANTEE TERMS"

...
"
The Actual Cash Value and replacement value of each item of the Covered Property, as well as the current appraised value in the case of Fine Arts articles, that is the subject of the Covered Loss and the amount of such loss or damage to each item of such Covered Property."

To further support our position, the Air Host Guarantee document Does define covered losses for Fine Arts
Quote from the same Airbnb Host Gurantee document:

"Determination of the Amount of the Covered Loss"
...
"On Fine Arts articles, the lesser of (i) the reasonable and necessary cost to repair or restore such property to the physical condition that existed on the date of loss; (ii) the cost to replace the article; and (iii) the current appraised value. If the Fine Arts article is part of a pair or set, you will not be paid (1) for the cost of replacing any undamaged or remaining items that form part of such pair or set, (2) more than the proportion that the loss or damaged item bears to the insured value of such pair or set, or (3) the cost of replacing or repairing any undamaged parts of the Fine Arts articles which form part of a pair, set or suite or part of a common design or function when the loss or damage is restricted to a clearly identifiable area or to a specific part."

The 3 decorative items you mentioned as possibly being excluded cannot be legally classified as art.
None of the stolen items legally qualify as "Art" let alone "Fine Arts" or "Rare Arts", because they are purely decorative commodities as further discussed below.
The sole purpose of these 3 items was to decorate the property and make it more appealing to guests. These are commodity items which were created to look pretty and be cost effective and their purpose is solely to decorate homes. This has been established in many theft related court cases where insurance companies tried to classify decorative items as art.

We will not accept any settlement without being fully reimbursed for the replacement value of these decorative items.


The 2nd Issue with the response

In your email you also stated the following:

"As you may know, under our Terms and Conditions, we are only able to reimburse for the actual cash value (i.e. fair market value), of the physical damages in question."

Your above statement is not true.

The Airbnb Host Guarantee clearly states that to compute covered losses: the Repair or Replacement value will be used, and that Actual Cash Value will only be used "if such property is not repaired, replaced, or rebuilt on the same or another site within two years from the date of loss"

Here again is the quote from the Airbnb Host Guarantee public document:

"Determination of the Amount of the Covered Loss"
...
"For all Covered Property (other than that described in paragraphs A and B above), the loss amount will not exceed the lesser of: (i) the cost to repair such damaged Covered Property; (ii) the cost to rebuild or replace such Covered Property on the same site with new materials of like size, kind, and quality; (iii) the cost to rebuild, repair, or replace on the same or another site, but not to exceed the size and operating capacity that existed on the date of the Covered Loss; (iv) the cost to replace unrepairable electrical or mechanical equipment, including computer equipment, with equipment that is the most functionally equivalent to that damaged or destroyed, even if such equipment has technological advantages and/or represents an improvement in function and/or forms part of a program of system enhancement; or (v) the Actual Cash Value if such property is not repaired, replaced, or rebuilt on the same or another site within two years from the date of loss."


Sincerely,

On Tue, Sep 20, 2016 at 3:52 AM, <response@airbnb.com> wrote:

Airbnb Customer Experience

Peggy O, Sep 20, 00:51 PDT:
Hi Nisim,

I hope this message finds you well. My name is Peggy and I am a specialist with the Trust and Safety Team at Airbnb.

Thank you for reaching out to us, although we are sorry it had to be under these circumstances. We understand that this may be a frustrating and stressful process, but I want to reassure you that we are here to assist and support you through this process, and I'll be doing all I can to help get things back on track for you.

Please know that these incidents, while rare, are taken extremely seriously by Airbnb. Your safety and that of your property is our top priority, and if there is any assistance we can provide throughout this process, please don't hesitate to let us know.

IMPORTANT: In case of an emergency, or if you feel your personal safety or that of your property is threatened, please do not hesitate to contact local authorities.

We have also quarantined your guest’s account, and want to assure you that they will not be able to communicate with anyone on the site or make any future bookings.

First, we'd like to thank you for beginning your claims process via our Resolution Center:https://www.airbnb.com/resolution_center/1095556, clearly itemizing the damages and providing some initial documentation for us to review. We'd also like to confirm that we've received the police report on this incident as well as your Host Guarantee Payment Request Form with the Case ID 709504.

At this time, I note that the list of claims which you've provided us includes the following:

For replacement of missing items:
1. TV — USD $1,498
2. Audio Video Amplifier — USD $189
3. TV connection cables — weblink/receipt documenting cost for replacement not received
4. Security camera recording DVR — USD $289
5. 4 x ADT Security Cameras — USD $340
6. Granite top table — weblink/receipt documenting cost for replacement not received
7. Wooden table — weblink/receipt documenting cost for replacement not received
8. 2 x Japanese style lamps — weblink/receipt documenting cost for replacement not received
9. White vase — weblink/receipt documenting cost for replacement not received
10. Drill tool — weblink/receipt documenting cost for replacement not received
11. Toolbox — weblink/receipt documenting cost for replacement not received
12. Comforter — weblink/receipt documenting cost for replacement not received
13. New white blanket — weblink/receipt documenting cost for replacement not received
14. Used blanket — weblink/receipt documenting cost for replacement not received

For repair of damaged items:
1. Computer parts ripped out and stolen — weblink/receipt documenting cost for repair not received

Claims denied:
1. Large Metal Art Piece
2. Half Body Statue
3. Golden Tiger Statue

I must regretfully inform you that the Host Guarantee is not insurance and should not be considered as a replacement or stand-in for homeowner’s or renter’s insurance. The Host Guarantee does not cover cash and securities and certain types of property, such as jewellery, collectibles and artwork. Hosts may want to secure or remove such valuables when renting their place, and may want to consider independent insurance to cover such items. We encourage you to contact your homeowner’s insurance to determine if they will be able to reimburse you for the statues and art pieces.

You can read about the Host Guarantee program athttps://www.airbnb.com/guarantee and what the Host Guarantee covers (as far as damaged items that are outlined in the Terms and Conditions) here: www.airbnb.com/terms.

With regard to your missing items claims, please know that in the event that photos or receipts are unavailable, we may accept a link to a website which demonstrates the fair market value of the broken, missing or damaged item. However, please note that original receipts are preferable, as they demonstrate proof-of-ownership and show the date of purchase, and we therefore cannot guarantee full reimbursement if both photos and receipts are unavailable. For all the above items, as the original receipts are not available, please know that we will require the age and condition of the individual items, which you can annotate beside each item, by copy pasting the list above in your response to us.

As you may know, under our Terms and Conditions, we are only able to reimburse for the actual cash value (i.e. fair market value), of the physical damages in question. Additionally, we must advocate repair over replacement with respect to damaged property:https://www.airbnb.com/terms.

Consequently, before we can remit payment to your account for any damages, we must be able to establish with our own accounting department that we have obtained supporting documentation for all damages in question, and that we have fairly assessed the damages and associated repair costs. Absent such documentation, our accounting department cannot authorize reimbursement.

Again, please understand that in order to fairly resolve this matter, we require you to submit proper documentation in the form of photos and invoices justifying the amount claimed.

Please attach all relevant receipts/invoices/weblinks justifying the cost to replace or repair the items for which you are claiming. We also request your kind cooperation in annotating the corresponding cost of each item in the itemized list above, in your response to us.

If you decide to pursue legal action, any information inquires for your case regarding the reservation or the user's account involved from the law enforcement officer can be directed to: LEOinfo@airbnb.com. This communication channel is reserved for legal inquiries from law enforcement agencies only. When the police officer sends a request, we will explain our legal procedures for the release of information.

We look forward to hearing back from you soon with the additional documentations and information as requested above. Replying directly to this message will help us resolve this issue as fast as possible.

Kind regards,

Peggy


IN MY PREVIOUS MESSAGE FROM YESTERDAY i DESCRIBED THE DETAILS OF WHAT HAPPENED

~$6,400 THEFT - NO RESPONSE FROM AIRBNB | AIRBNB HOSTS - DID SOMETHING SIMILAR HAPPEN to You?

This person rented my property and brought 2 guys who made at least 2 rounds with their GMC truck the first night of their stay.

They stole almost $6,400 of furnishings from my house.



Believe it or not, 2 weeks later, her profile is still on Airbnb: [Personal Information Hidden]



The 3 of them were captured by my exterior security cameras. See the videos I provided to Airbnb here:

***



I filed a police report and filed up the Host Gurantee Claim 2 weeks ago.

To this day - I have not heard anything back from Airbnb nor Airbnb Trust and Safety team.



Details of the Crime
A woman presenting herself as [personal information hidden] booked my property
She and 2 other men were videotaped via my outdoor security cameras going back and forth with a large GMC truck during the night of 9/3/2016 and the morning of 9/4/2016. The nextmorning, they abandoned the property and my housekeeper discovered they had stolen around $6,400 worth of personal property from my house.

The following Dropbox link contains 2 folders including video of the 3 criminals as they are committing the
crime. The video shows "[personal information hidden]", a white female, who rented the house via Instantbook on Airbnb.
That night she brought in a black male in a GMC and a white male that can be clearly identified in the videos.
The following Dropbox folder link also contains photos of he locations at the house were items were stolen from, and where available previously taken photos of the items that were stolen.
www.dropbox.com/sh/qbdf6nvwt5dh8jf/AABqq0zHUai-96qzwI7MYcHFa?dl=0

Following is the information I have for [personal information hidden].
When I first called Airbnb, they confirmed that they have her verified id but would not give it to me.

[Personal Information Hidden]
Her phone number was found to belong to


[Personal Information Hidden]

The house at the above address was sold on 6/3/2016 ***


Following is the List of the Stolen Items and their value:
1. 4k TV. See photos with filenames starting with P1. P1 photos. $1,498
www.amazon.com/gp/product/B00T63YUDK/ref=oh_aui_search_detailpage?ie=UTF8&psc=1
2. Audio Video Amplifier. See P1 photos $199
www.amazon.com/gp/product/B0077V8930/ref=oh_aui_search_detailpage?ie=UTF8&psc=1
3. TV connection cables. See P1 photos $60
4. P2 Large Metal Art Piece Stolen from entrance to Upstairs Master. See P2 photos. $750
5. Security camera recording DVR Stolen See P3 photos $289
www.amazon.com/gp/product/B01D8FNXOS/ref=oh_aui_search_detailpage?ie=UTF8&psc=1
6. Computer opened and parts ripped out and stolen. See P3 photo
s. $400.
7. Stole 4 ADT Security Cameras. See P4 photos. $339.88 www.amazon.com/Pulse-RC8025B-ADT-Indoor-WiFi-Camera/dp/B00JDTLKEE/ref=sr_1_2?s=electronics&i...
8. Stole this granite top table and the security camera on it from loft. See P4 photos. $350
9. Stole Half Body Statue from Upstairs Loft. See P5 photos. $500

10. Stole Golden Tiger Statue from Living Room. See P6 photos.$750
11. Stole wooden table from living room (lamp thrown of carpet behind sofa). See P6 photos. Old photo shows the table at bottom left. $500.
12. Stole 2 Japanese style lamps from downstairs master bedroo
m. See P7 photos. $100
13. Stole white vase from Living Room. See P8 photos. $150
14. Stole Drill from laundry room. See P9 photo. $75
15. Stole my toolbox with many tools in it from laundry room cabinet See P9 photo. $250
16. Stole a new comforter from closet. See P10 photo. $80
17. Stole the new white blanket shown in this photo above computer box. See P11 photo. $30
18. Stole this blanket from upstairs bedroom.. See P12 photo. $75

Total: $6395.88