January 17, 2021

A commercial court admits a suit against Airbnb from fined hosts

A commercial court admits a suit against Airbnb from fined hosts


Updated:

The commercial court number 10 of Barcelona has admitted a class action lawsuit for unfair practices against Airbnb presented by the association Acaba, which brings together the hosts of the platform fined for renting your home, and has already requested information from both the city council and the company.

The association Ends (Affected by the Conflict between the City of Barcelona and Airbnb) has raised the demand to consider that the platform has induced many citizens "to make tourist offers without the corresponding rating and creating the impression that the usual residence could be rented without the same ", according to the demand that has reached the court.

The lawyer of Acaba, Dylan Tarín, who has informed in press conference of this initiative, has emphasized that this is the first class action by unfair practices that is presented around the world against Airbnb.

Tarin has indicated that the demand is the response of a hundred citizens who act as hosts of tourists who use Airbnb before the fines they have received from the Barcelona consistory "for renting their usual residences sporadically", sanctions rejected by "indiscriminate" .

According to Acaba, up to 5,077 users of the platform have been sanctioned in a period of two years, of which more than 2,500 would have received multas for amounts of 30,001 euros and another 2,577 for amounts of 60,0001 euros.

With the demand, the association aims to get, on the one hand, a repair for these sanctions and, on the other hand, that Airbnb is prohibited from publishing advertisements for tourist accommodation without the corresponding rating and "make confusing publicity about it".

The commercial court has just made public a due diligence in which it requires Airbnb and the Barcelona City Council to deliver their list of users of the platform that do not have the corresponding authorization to rent their products within a month. homes for tourist use.

In the case of the consistory, you are required to also inform those hosts that have administrative sanctions procedures open.

Tarín explained that Acaba was born to protect those Airbnb users who used it "in good faith" and not to speculate.

The sanctions, which range from 30,000 euros to 60,000 euros, have affected, according to Tarin, individuals who rented their temporary home in a timely manner, mostly, "by necessity and not to speculate."

Of the total of 102 cases that members of Acaba have received sanctions, 60% have not had to pay the fine because his procedure has been closed due to lack of evidence, while the remaining 40% continue alive.

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