The listing showed a bright, spotless apartment with ocean views. You arrived to mould in the bathroom, a broken lock, a “view” of a car park, and a host who stopped answering the moment you complained. Or the host cancelled the night before and Airbnb offered a 10% coupon towards a place that cost double. Now Airbnb’s support keeps closing your case, and the host is threatening to charge you for “damage”.
Airbnb wants you to think this is between you and the host. Under Australian law, Airbnb is a party too, and both of them have obligations that don’t disappear because you clicked “book”.
Your rights
- Australian Consumer Law applies to Airbnb. The ACCC took Airbnb to court in 2022 over misleading pricing and secured a $15 million penalty. Airbnb operates in Australia and its Australian users are protected by the ACL regardless of the Irish entity on the terms.
- Misleading conduct (s 18) and false representations (s 29 ACL). A listing that misdescribes the property, its amenities, or its condition is misleading. If the host is a business (multiple listings, commercial operation), the ACL binds them directly. Airbnb can also be liable for publishing misleading listings it knew or should have known about.
- Consumer guarantees (ss 60–61 ACL). Accommodation is a service and must be fit for purpose and match its description. A property that’s uninhabitable, unsafe, or materially different from the listing is a major failure entitling you to a refund and compensation for reasonable alternative accommodation.
- Unfair contract terms (ss 23–28 ACL). Airbnb’s terms and a host’s “strict” cancellation policy are standard-form terms. Terms that leave you with nothing when the host fails to deliver are exactly what the unfair terms regime targets.
- Airbnb’s own AirCover / Rebooking and Refund Policy. If the listing is materially inaccurate, unsafe, or unclean, or the host cancels, you’re entitled to a rebooking or refund, but you must report it to Airbnb within 72 hours of discovering the issue (24 hours in some cases). This is the deadline most people miss.
- Damage claims against you. A host must provide evidence and Airbnb must give you the chance to respond. You’re not liable for pre-existing damage or fair wear and tear.
What to do right now
- Document immediately, before you leave or clean anything. Photos and video of every issue with timestamps, side by side with the listing photos. Screenshot the listing, amenities list, and house rules now, before the host edits them.
- Message the host through the Airbnb app. Not text, not WhatsApp. State the problems clearly. This creates the record Airbnb will read.
- Report to Airbnb within 72 hours. Use the “Get help” flow on the reservation, select the issue, upload evidence, and state that the listing is materially inaccurate under Airbnb’s Rebooking and Refund Policy and the ACL. Ask for a full refund and, if you had to leave, rebooking assistance.
- Keep receipts for alternative accommodation. If you had to leave and pay for a hotel, that’s a consequential loss you can claim.
- If Airbnb refuses or offers a token amount, escalate in writing. Reply to the case stating you don’t accept the resolution and require it to be reviewed by a supervisor, citing the ACL. Then chargeback with your bank for “services not as described”.
- Send a Letter of Demand. To the host (if you can identify them; Airbnb will have their details for legal purposes) and to Airbnb’s Australian entity, citing ss 18, 29, 60–61 ACL, with your evidence and a quantified claim, and a deadline before an ACCC report and tribunal filing. Airbnb’s Australian legal team responds to these differently than the case-management bots do.
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Scenarios and how they usually resolve
- Host cancels close to check-in. Airbnb’s policy is a full refund plus rebooking help, and hosts are penalised. If Airbnb only offers a coupon, insist on the refund to your card and claim the extra cost of a comparable last-minute booking from Airbnb under the ACL (they sold you a service they didn’t provide).
- Property materially different (size, location, amenities, cleanliness). Report within 72 hours with evidence. Airbnb will typically offer a partial refund; for serious discrepancies push for a full refund of unused nights and reimbursement of alternative accommodation. This is where the ACL claim matters, because Airbnb’s policy discretion is narrower than your legal rights.
- Safety issues (no working locks, exposed wiring, gas smell, no smoke alarm). Leave. Document. Report. This is a clear major failure and you’re entitled to a full refund and alternative accommodation costs. Report the safety issue to the local council too.
- Hidden cameras. Illegal in living spaces. Leave immediately, report to police and Airbnb. Full refund and potentially damages.
- Host demands payment outside the platform. Refuse. It’s a breach of Airbnb’s terms and often a scam precursor. Report.
- Bogus damage claim against you. Respond in the resolution centre within the deadline with your check-in and check-out photos. If Airbnb charges you anyway, chargeback and dispute in writing.
The overseas problem. For a property outside Australia, the host is beyond practical reach, but Airbnb still contracted with you as an Australian consumer, and your bank’s chargeback still applies. Your claim is against Airbnb.
Reviews. You have 14 days to leave a review. An honest, factual account protects other guests and is not defamatory. It also tends to prompt hosts to settle, because a bad review costs them future bookings.
Who to complain to
ACCC (they have an active interest in Airbnb’s conduct), state fair trading / consumer affairs, your bank’s disputes team for a chargeback, and AFCA if the bank refuses. For a money claim, your state civil tribunal, naming the host (if Australian) and Airbnb’s local entity. For a short-term rental that breaches local rules (unregistered, over-occupancy), the local council may also be interested.
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What happens when you send a Letter of Demand
Same problem. What a prepared case looks like.