🏡 Споры по аренде жилья (Airbnb/Vrbo) Претензии

[Date] [Host Name] [Address if known, or "via Airbnb/Vrbo messaging"] SENT VIA CERTIFIED MAIL [if address known] Re: CLRA § 1782 Demand for Refund – Booking #[Confirmation Number] Property: [Property Address or Listing Title] Dates: [Check-in] to [Check-out] Dear [Host Name]: This is a demand pursuant to California Civil Code § 1782 regarding violations of the California Consumers Legal Remedies Act (CLRA) in connection with a vacation rental booking. BOOKING DETAILS: • Platform: [Airbnb / Vrbo] • Confirmation Number: [######] • Property: [Address or Listing Title] • Dates: [Check-in Date] to [Check-out Date] • Guests: [Number] • Total Paid: $[Amount] MISREPRESENTATIONS IN LISTING: Your property listing on [Platform] materially misrepresented the accommodations I booked. Specific false representations: 1. PROPERTY CONDITION: Listing showed: [Describe photos—modern, clean, renovated] Reality: [Describe actual conditions—dirty, dated, disrepair] Evidence: Attached photos taken upon arrival show [specific problems—filthy floors, stained furniture, broken fixtures, mold, etc.] 2. LOCATION: Listing represented: "[Quote listing—e.g., 'Beachfront property with ocean views']" Reality: [Actual location—e.g., "Property is 3 miles inland, no ocean views, located in industrial area"] Evidence: Attached map showing actual location vs. listing map 3. AMENITIES: Listing promised: [List amenities—pool, hot tub, WiFi, air conditioning, specific beds/bathrooms] Reality: [What was missing or non-functional] Evidence: Photos showing [broken hot tub, no WiFi, different bed configuration than listed] 4. [Add other specific misrepresentations] PROPERTY UNINHABITABLE: The conditions were so substandard that the property was uninhabitable for its intended purpose. [Describe specific issues—no running hot water, pest infestation, dangerous conditions, overwhelming odors, etc.] I [attempted to stay / immediately left] and [contacted you via platform messaging / called you] to report the problems. You [responded: quote response / never responded]. CLRA VIOLATIONS: 1. § 1770(a)(5) – FALSE ADVERTISING: Your listing contained false and misleading photographs and descriptions that did not match the actual property conditions, location, and amenities. 2. § 1770(a)(7) – SERVICES NOT AS REPRESENTED: The accommodations had materially different characteristics than represented in your listing. I paid for [luxury/beachfront/equipped] property; you provided [substandard/inland/lacking basic amenities] accommodations. 3. § 1770(a)(9) – SERVICES NOT INTENDED TO PROVIDE: The property's condition suggests you knew it was not as advertised and did not intend to provide accommodations matching the listing description. PLATFORM CLAIM DENIAL: I filed a claim through [Platform] under their [AirCover / Book with Confidence Guarantee] on [Date]. [Platform] [denied the claim / provided only partial refund of $[Amount]] stating: "[Quote platform's response]." This denial does not affect your liability under California law for CLRA violations. DAMAGES: • Rental payment: $[Amount] • [Alternative accommodation cost difference]: $[Amount] • [Wasted expenses]: $[Amount] • Total damages: $[Amount] DEMANDED RELIEF: Pursuant to California Civil Code § 1782, I demand that you cure these CLRA violations within 30 days by: 1. Refunding the full rental payment of $[Amount] 2. [If applicable: Reimbursing alternative accommodation costs of $[Amount]] 3. Providing written confirmation of refund If you provide appropriate relief within 30 days of receiving this letter, no lawsuit will be filed. If you fail to cure, I will file a CLRA lawsuit seeking: • Actual damages ($[Amount]) • Statutory damages up to $5,000 per violation (CLRA § 1780(a)(1)) • Attorney fees and costs (CLRA § 1780(e)) I have also initiated a credit card chargeback and filed complaints with [Platform] and the California Attorney General. Please issue refund within 30 days to: [Your Name] [Address] Sincerely, [Your Signature] [Your Printed Name] [Email] [Phone] Enclosures: • Booking confirmation • Listing screenshots • Photos of actual property conditions • Platform communications • Alternative accommodation receipt [if applicable]

[Date] [Airbnb, Inc. / Vrbo (Expedia Group)] Legal Department [Address] Re: Demand for Refund Under [AirCover / Book with Confidence Guarantee] Reservation: [Confirmation Number] Claim Case: [Platform Claim Number] Dear [Platform]: I am demanding that [Platform] honor its [AirCover for Guests / Book with Confidence Guarantee] and provide a full refund for a property that was not as advertised. RESERVATION AND PAYMENT: • Confirmation: [######] • Property: [Listing Title/Address] • Dates: [Check-in to Check-out] • Amount Paid: $[Amount] PROPERTY NOT AS ADVERTISED: Upon arrival on [Date], the property was materially different from the listing: • [Specific issue #1—e.g., property listed as "oceanfront" was 3 miles inland] • [Specific issue #2—e.g., property shown in photos as renovated/modern was dated and poorly maintained] • [Specific issue #3—e.g., listed amenities (pool, WiFi, AC) were non-functional or absent] I documented these issues with comprehensive photos (attached) taken immediately upon arrival. PLATFORM GUARANTEE APPLIES: [Platform's] [AirCover for Guests / Book with Confidence Guarantee] explicitly covers situations where: "[Quote specific guarantee provision—e.g., 'the listing description or photos are significantly misrepresented']" My situation directly falls within this coverage. The property was not remotely as advertised. CLAIM FILED AND WRONGFULLY DENIED: I filed a claim through [Platform's] resolution center on [Date], within the required reporting window. I provided: • Detailed description of issues • Comprehensive photographic evidence • Screenshots of listing showing misrepresentations On [Date], [Platform] denied my claim, stating: "[Quote denial reason]" This denial is wrongful and violates [Platform's] own guarantee terms. DENIAL RATIONALE IS INCORRECT: [Platform's] denial reason is contradicted by the evidence: [If "reported too late":] I reported the issues within [X hours] of check-in, well within the [24/72]-hour reporting requirement. [If "issues not covered":] The guarantee explicitly covers "property not as advertised"—which is precisely my situation. [If "host disputes claim":] Host's self-serving denial does not override objective photographic evidence showing property was misrepresented. [Platform's] guarantee should protect guests from exactly this situation—booking accommodations based on false listings. DEMANDED RELIEF: I demand that [Platform] immediately: 1. Issue full refund of $[Amount] under the [AirCover / Guarantee] program 2. Provide written confirmation within 10 days If [Platform] refuses, I will: • File CLRA lawsuit against both host and [Platform] for systematic failure to honor consumer protections • File complaint with California Attorney General • Initiate credit card chargeback • Publicize [Platform's] refusal to honor its own guarantee [Platform] heavily markets its guest guarantee program to induce bookings. Refusing to honor the guarantee when it applies constitutes false advertising under California law. Please issue refund immediately. Sincerely, [Your Name] [Contact Information]