Damage claim of 300 million euros filed with Airbnb

 

Damage claim of 300 million euros filed with Airbnb

https://nos.nl/artikel/2349549-schadeclaim-van-300-miljoen-euro-ingediend-bij-airbnb.html

 

Airbnb has received a $300 million damages claim from Servicekostenterug.nl for service fees that were wrongly charged. The claims company filed the claim on behalf of tens of thousands of tenants.

 

Airbnb charged twice a service fee for an overnight stay: to the tenant and to the host. According to Dutch law, it is forbidden to collect a fee for mediation in real estate on both sides.

 

Collective claim

On 9 March, the Court of Amsterdam ruled that the double charge of service charges is contrary to Dutch law. That ruling prompted the collective claim.

 

The lawyer of the claims company, Adriaan de Gier, thinks there is a good chance that the landlord platform will have to pay. Airbnb's Airbnb  defense, he says, is based on two arguments: "First,  Airbnb says they're a travel company - recently they've been calling their customers travelers. But they are actually just a mediator in rental, because they have nothing to do with the customer's journey. Secondly, they say that this is a holiday home, which allows them to charge service fees on two sides. Friday's Supreme Court ruling shows something different."

 

What law is it about?

In 2016, a law (Articles 264 and Article 417 book 7 Civil Code) was amended, so that real estate intermediaries are not allowed to charge service fees on two sides. This applies, for example, to real estate agents and other forms of rental of real estate. Usually only costs are charged on the landlord side. Airbnb  also did on the tenant side, and that should not be ruled the court of Amsterdam.

 

Tax authorities

De Gier refers to a Supreme Court ruling in another lawsuit in which Airbnb  played a role. A couple went to court in 2015 for disagreeing that they had to put the rental income from their garden house - which they had rented out through Airbnb for 21 days - in their tax return under "income from work and home" in box 1. The couple believed that the temporary rental was not part of box 1. The load in that box is much higher.

 

Both initially and on appeal, the couple was proved right. But the IRS appealed to the Supreme Court, and the tax authorities agreed. The IRS hopes to use the ruling to make a stronger case for taxing Airbnbrentals, for example, portions of homes. De Gier considers that with this ruling, the Supreme Court considers that parties such as  Airbnb are real estate intermediaries and are therefore covered by the scheme that they are not allowed to charge a double service fee.

 

Two things

Airbnb says in a response that it involves two different cases that are linked by commercial claims organizations. "The basis of the case on service charges goes against Dutch and European laws and we are waiting for the Supreme Court to provide clarity for guests in the Netherlands."

 

The rental site says it has not received a claim of 300 million euros over service fees from Servicekostenterug.nl or any other claim organisation. In addition, several courts have suspended all ongoing proceedings in similar cases pending a Supreme Court ruling, which is expected in the course of next year, Airbnb  said in the response.

 

In the recent Supreme Court ruling on taxing rental income through a platform, there is nothing about Airbnb's services in relation to Dutch law, the host platform adds.