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Airbnb announced two new community policies on Tuesday. For reservations booked on or after Friday 20 November, the host rental agreement comes off the platform.
The trigger is the booking date, not the stay date.
Contracts are permitted only where a law or a community association rule requires it, where it is “necessary to facilitate access to an optional amenity”, on “a monthly stay (28 nights or more)”, or on a Luxe listing. And read the sting: “Airbnb doesn’t require guests to sign host-imposed contracts, and doesn’t help enforce the terms of these contracts.” Win the exception and you win a document your guest can decline.
Hosts also “may not solicit personal data at any point during the booking process or stay”: contact details, ID documents, financial data, background checks or credit history, and biometric or health data. You may check an ID in person at check-in if you disclose it in the requests section. You may not retain a copy.
It is not a United States policy. The same text with the same date sits in Airbnb’s UK Help Centre in pounds, on airbnb.es in euros, and on its New Zealand site.
The useful question is when your legal duty bites, because Airbnb permits the check at the door and bars it before arrival. Of 21 European regimes I have checked, 20 land on the permitted side. At arrival: the UK, Germany, the Netherlands, Czechia, Portugal, France, Hungary, Norway, Serbia, Ukraine, Turkey. Reported after arrival: Italy, Austria, Slovenia, Croatia, Montenegro, Bosnia. Untimed: Ireland, Switzerland, Iceland. Spain alone reaches back to the booking.
UK operators, read this one twice. The Immigration (Hotel Records) Order 1972 makes you require name and nationality from every guest aged 16 or over, and a passport number from any guest who is an “alien”. That catches more of your book than you think: every EU national is an alien for this purpose. Outside it are Irish citizens, Commonwealth citizens and British protected persons, and asking those guests for a passport number collects more than the law requires, which Airbnb prohibits. The definition arrives via S.I. 1982/1025, because legislation.gov.uk still serves the Order’s original 1948 wording.
The other half you may welcome. The companion policy bars asking guests to do tasks that “require significant effort or time” or that “would typically be performed by a cleaner, including stripping the bed, taking trash offsite, or washing and putting away dishes”. Punitive guest fines go too, though damage recovery is untouched. And rules cannot be added after booking “by message, signs in the home, or in person”.
Before 20 November: classify every market by when its duty bites, and get the rules that matter into the listing.