Supreme Court ruling that Airbnb is not a travel agency great news for damage claims, lawyer says
The Supreme Court ruled that renting homes through Airbnb must be seen as “renting out your own home”, and not as booking a trip through a travel agency or renting out holiday accommodations as Airbnb describes it. That ruling is extremely important for the consumers claiming back double service fees from the rental platform, Adrian de Gier, attorney at claim club Servicekostenterug.nl, said to BNR and De Telegraaf.
In March, the Amsterdam court already ruled that Airbnb cannot charge both the landlord and the customers service fees. That resulted in a damage claim of around 300 million euros being filed against Airbnb.
The ruling that Airbnb cannot be considered a travel organization, which the Supreme Court made in a tax case last week, is “a huge support” for that damage claim and for all consumers all over the world who ever rented accommodations through Airbnb, De Gier said.
“The Supreme Court shows that Airbnb is not a travel organization, but a mediator in the rental of living space. And that Airbnb, just like brokers and other intermediaries, must also adhere to the Dutch rules that apply. And those rules say: Do not charge the tenant double costs,” De Gier said.