Airbnb Host Won’t Refund After Cancellation? Letter of Demand Guide

You arrived at 9pm with two kids after a six-hour drive. The “beachfront apartment” was a mouldy granny flat behind a servo. Or the host cancelled the day before. Or the aircon was broken in 40-degree heat and the host said “open a window.” You paid $1,800. Airbnb’s support gave you a $150 coupon and closed the case.

Airbnb’s resolution centre is not the end of the road. The host is a business, and Australian law applies to them.

Hosts are bound by the Australian Consumer Law

A host who rents out property for money is supplying services in trade or commerce. That means:

• Section 18: the listing must not be misleading. “Beachfront”, “sleeps 6”, “fully air-conditioned” and the photos must be true.
• Sections 60 and 61: the accommodation must be provided with due care and be fit for purpose. A place that is unsafe, unclean or missing advertised essentials is not.
• Section 62: the service must be supplied when promised. A last-minute cancellation is a total failure.

Airbnb’s own terms say hosts are responsible for their listings and that local consumer law is not excluded.

What you can claim

1. Full refund where you could not stay or left immediately
2. Partial refund where you stayed but the place was materially worse than advertised (for example, half the booking value)
3. The difference in cost for last-minute replacement accommodation. If you had to pay $2,600 for a hotel to replace a $1,800 booking, that extra $800 is claimable under section 267.
4. Reasonable out-of-pocket costs, such as extra fuel or a cancelled tour that could not be refunded

Getting the host’s real details

The app only gives you a first name. You need more. Try:

• The address of the property (you have it from check-in)
• The name on the council rates or the title search (a title search costs around $20 to $40 online)
• Any ABN or business name in the listing or in messages
• Asking Airbnb in writing for the host’s legal name and address “for the purpose of legal proceedings”

Many hosts are companies or investors with several properties. They are very exposed to a formal claim.

Evidence

Screenshot the listing as it was when you booked (Airbnb lets hosts edit). Photos and video of the actual condition, timestamped. Every message in the app. Your booking receipt. Receipts for replacement accommodation. The Airbnb case number and their final decision.

The Letter of Demand

Send it to the host directly, at the property address and via the app. Cite section 18 and 60 to 62. State exactly what was promised, what was delivered, and what you are claiming. Give 14 days before you file at NCAT, VCAT or QCAT. Copy Airbnb.

Hosts depend on ratings and Superhost status. A formal letter is often the first time they realise a guest can take them to a tribunal, and it usually gets a very different response to the app’s resolution centre.

Claim Done drafts your Letter of Demand for $49. Done in about 5 minutes. You approve it before it is sent.