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Airbnb Refuses To Honor "seller Of Travel" Obligations Under Florida Statute 559.933 After Cancelling $14.5k Booking. Is Arbitration My Only Path?

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Location: I am a resident of Massachusetts; Airbnb booking made in Florida Keys

Amount in Dispute: ~$10,000

  1. I booked a vacation rental in Florida for 35 days (Dec-Jan). Total cost ~$14,500.
  2. Host cancelled <30 days before check-in.
  3. Airbnb is registered as a Seller of Travel in Florida (Reg #ST40640).
  4. Florida Statute § 559.933(4) states: "If any purchaser has received confirmation of reservations in advance and is refused accommodations upon arrival, a seller of travel... must procure comparable alternate accommodations for the purchaser in the same city at no expense to the purchaser..."
  5. Current market rate for a comparable rental is ~$25,000. Airbnb offered a refund + $2,500 coupon, leaving a ~$10,000 shortfall.

Questions:

  1. Does the "upon arrival" language in the statute void my claim since they cancelled 3 weeks prior, or does the "Loss of Bargain" doctrine apply here?
  2. I have sent a "Pre-Dispute Notice" citing the statute. If I file for AAA Arbitration (per their TOS), can I claim the specific performance cost ($25k rental) or just the difference (~$10k)?
  3. Is filing a regulatory complaint with the Florida Department of Agriculture and Consumer Services (FDACS) likely to trigger a faster settlement from their legal department than arbitration?
submitted by /u/erniernie
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