10,000 Hosts: Self-Help Platform for Airbnb Hosts Filing Arbitration Claims Against Airbnb.

Welcome to 10,000 Hosts Collective Action Individual Arbitration. My name is Enrico Schaefer. I'm an attorney representing hosts and property managers in arbitration against Airbnb for COVID-19 refunds. And welcome to this platform, which is a self-help platform designed to help hosts navigate the arbitration process, to not only file the arbitration correctly, but to give you every chance of winning that arbitration by sharing the information that we've accumulated on behalf of our clients. So before we get started, before you enter the platform, I wanna tell you a few things about what this platform is and to go through some, some frequently asked questions so that you know who we are, what we're doing, and how the system works. So we're gonna talk about Why hosts are filing arbitration claims against Airbnb, what Airbnb's position is in response to COVID-19 and driving the refunds, and how it has handled the refund issue. So what is Airbnb saying about these issues? We're going to talk about some of the things you may have already read or heard about these legal issues, and we're going to talk Also about what we're doing as attorneys to help our clients in these cases. Now, we understand that not all clients can afford counsel or have substantial enough damages to support a contingency fee arrangement with counsel. So thus, 10,000 Hosts, this platform of self-help designed for Airbnb hosts. And then finally, we're going to go through some frequently asked questions to make sure that you understand exactly what this platform is all about. All right. So again, welcome to 10,000 Hosts. This is a platform designed to help hosts like you navigate the arbitration process, an arbitration process that's required by the Airbnb terms of service. Now, we definitely want you to read the Airbnb terms of service so that you know what they say. Every host in every situation has some differences, and thus you need to educate yourself as well as read information Listen to the information we're gonna provide you on this platform and really make sure that you're making informed decisions. Many of you know me already, but who am I? My name is Enrico Schaefer. I'm a host and I am an attorney who has really stepped into and leaned into this issue because my background is in technology and internet companies, handling complex litigation, class action litigation in cases like this, where the terms of service are at issue and where big software platforms are either the defendant, and honestly, we represent a lot of big platforms, so we understand the space. This is a self-help platform. I am not your attorney. We are not representing you. If we get to that point and we decide that we want to represent you and you want us to represent you and we come to that mutual agreement, then Fine, but this is not representation. This is self-help. Let's talk a little bit about why hosts are filing arbitration claims against Airbnb. And so this is important because what you're gonna see is that many hosts like you think it's time for Airbnb to provide more than lip service to the importance of hosts in the Airbnb ecosystem, that what happened here was a reflection of the fact that Airbnb Really doesn't respect the host community, that it feels like its customers are the travelers and not the hosts, and that hosts are there to serve Airbnb rather than the other way around. Now, there's a balance to all of these relationships and stakeholders in the ecosystem, but for many hosts, that balance is out of balance. So by filing individual arbitrations, hosts like you are demanding accountability and transparency from Airbnb. You are doing so collectively by filing individual arbitrations. So 10,000 individual arbitrations as collective action in order to send a message to Airbnb and assert your legal rights. So let's talk a little bit about the 4 main reasons why Airbnb hosts are bringing arbitration. So Airbnb, uh, provided their COVID-19 refunds, and they were issued without providing you notice, without your consent, and we believe in violation of the process set forth in Airbnb's own terms of service. Airbnb essentially admitted that it violated its own terms of service in the way it handled this matter, and many hosts believe it was a public relations play on the backs of the hosts. The second reason that hosts are filing arbitration is that they're really just arguing that Airbnb breached the strict cancellation policies previously agreed to between you and your guests, that there was a policy in place, a contract in place between you and your guests, and Airbnb breached their terms by interfering with that contract. The third reason is that Airbnb actually incited the cancellations by going outside its process, its required process, and interfered with the right of hosts to work things out directly with guests. So breach of contract, tortious interference with contract, those are 2 of the claims, 2 of the different legal arguments that we're gonna provide you as part of this self-help platform that you could take a look at, edit, and potentially use in your arbitration claim. 4th main reason that hosts are bringing arbitration claims is that in many cases, Airbnb converted your payouts into credits, into travel credits or vouchers, which will end up being revenue for Airbnb, unearned revenue, revenue Airbnb has literally no entitlement to when in fact guests don't use those travel credits. So they used your revenue and converted it to their revenue. No contract theory under the terms of service could support that type of action. So these are the main motivations of hosts who are bringing arbitrations against Airbnb. So let's talk a little bit about what Airbnb seems to believe. They seem to be taking the approach that really they can do just about anything they want, that they can change the, the host and guest policies at any time. Without any notice and apply those new policies and rules retroactively to reservations that were made months earlier, to contracts that are already in place between the host and the guest, retroactively changing the contract. We believe that the terms of service say otherwise and that the law, the relevant law that will apply to your claim, precludes that kind of retroactive application, that kind of violation of the terms of service. You probably already know Airbnb was required to provide 30 days' notice before changing any of its policies or rules. It didn't do so in this case, and it had no justification for operating outside those rules. So you may have already heard that Airbnb changed the extenuating circumstances policy. And it changed the word endemic in the policy to pandemic, 2 totally different things. And it did it in early March, and then it hid that change. It hid the policy change that it was supposed to provide 30 days' notice on, and it ignored its own obligation to provide you 30-day notice before making that policy change. Airbnb admits essentially all of this, which is an admission that they breached your terms of service in issuing those refunds. So we understand that not all hosts can afford to hire counsel and that some hosts will want to pursue their own arbitration cases. So we've tried to build this low-cost, affordable platform that you can access to engage in self-help. So here is what you need to know. We work with this company out of the UK called Contractbook. They're a leading document automation company, and they helped launch this document automation process for the American Arbitration Association Consumer Demand for Arbitration, which we're gonna help you fill out today and which we're gonna provide you with so that you can file with the arbitration authority. We will not only help you prepare and file your arbitration claim, but once your claim is filed, we're gonna provide you the insights, the strategy, and the documents to help you win. We always say it's really not the filing of the arbitration that is important, it's the winning of the arbitration that's important. So we're going to provide you some resources to help you win those arbitrations. Let's take a look at some frequently asked questions. These are some things that we really want you to know. We're being really transparent in all of this. So before you even get started, what does it cost? The platform use is $150 one-time fee, and then you're going to get all the self-help that's built into this initial arbitration demand. You're going to get videos that are going to help you go through the process. You're going to get on the back end the discovery, the help and support you need to navigate the arbitration process, the discovery request to Airbnb, some legal arguments that you can use with the arbitrator. Things that you need to win. So $150 filing fee or platform fee for the use of this platform. Then you have to pay $200 filing fee to the American Arbitration Association when you file your arbitration. So that's a fee charged by AAA, and it's set forth in your terms of service as the fee that you have to pay in order to arbitrate. The good news is that Airbnb has to pick up all of the additional costs of arbitration above the $200 fee, and that includes an arbitrator cost of at least $1,500, the additional filing fee, and a number of other incidental costs that could drive its transactional costs on your arbitration up to $10,000 or more. Okay, what do we provide as part of this service? And we've talked a little bit about this, but look at— you're going to receive the demand for arbitration at the end of this process, my support videos throughout the process helping you fill out and understand the forms. We're gonna give you sample language for your legal claims. We're gonna give you sample language for your demand for relief, which you can review, edit, use at your discretion. We'll send you videos after you go through the arbitration demand process so that you can understand what's gonna happen next and how to navigate AAA arbitration. But more importantly, we're gonna provide you with discovery requests and other documents that you're gonna need along the way. Okay? So, what do I mean by self-help? This is important. We are not your attorney. We have not analyzed your specific situation. The terms of service and the consumer arbitration rules allow you to represent yourself, and this is a self-help platform. Next question, can I use this system to file a demand for arbitration if I'm outside the US? Yes, the terms of service, if you read through them, indicate that everywhere but China, you can file this US arbitration and access AAA, the American Arbitration Association. So the terms of service allow you to file here. You can actually, in some instances, demand that the arbitration take place where you're located wherever it is around the world. AAA will then fly the arbitrator to that location if that particular provision applies to you, and Airbnb has to pay for that arbitrator to go to where you're located in order to do the arbitration. Now, you can also do the arbitration on paper, and there's some other variations that we'll be working with you on as you go through the process. Okay, what if I want Travers Legal to represent me and, and my arbitration claim. Okay, so we're a law firm. I'm handling these cases on behalf of hosts, but what we need to do is we need to make sure that the claim is significant enough in damages to support our involvement. Not all claims will meet that threshold, but here is what you need to know. You should still go through this process even if you have a higher claim, even if you think that You might want to contact us about representation, because as a result of this process, we'll know that we can contact you and that we can provide you more information on representation. If both sides, us and you, agree that representation is appropriate, there'll be a retainer agreement, and we'll go through that process. We are handling cases on a contingency fee basis. And yes, we'll give you credit for the $150 you spent here If in fact we take your case. Okay? So, next thing is really important is, you know, can you share these videos and documents that you're being provided as part of this $150 fee? Can you use these or provide these to other people? And the answer is no. You are provided a copyright license to use these for a single filing, for a single claim, for your own internal purposes only. This is all copyright-protected work, and so you are going to be representing that you have a good faith intent to file a claim against Airbnb, that you're not Airbnb trying to sabotage the system or get access to the system to get an unfair advantage in litigation. So you're not employed by Airbnb or acting as a representative agent of Airbnb. It's a specific representation. If you're Airbnb, Move on, don't provide your email address, don't go to the next step. You'll be violating the terms of service and there will be liquidated damage clauses included. Okay, you're also representing that you will not use the information contained herein for any improper purpose. You are also agreeing, and you'll need to read the terms of service, that you will use this system only for your own arbitration claim, single arbitration only, And that you will not share the documents and videos provided herein, either in the system today or the additional materials we're providing down the line. You won't use those except internally and as required to file your claim with the American Arbitration Association. So that answers most of the questions that we think will be out there, but of course we're willing to answer any other questions. Let's get started.