Class action and liability claim against Airbnb
If Airbnb allowed you to publish your listing without requiring a registration number or warning you about the applicable regulations, and you were subsequently fined, the platform may also be liable. Dylan Tarín initiated the first class action in the world against Airbnb to be admitted for consideration by a court.
Assess my claim with no obligationIn 2018, Commercial Court No. 10 of Barcelona admitted the world’s first class action against Airbnb for unfair practices, brought by the ACABA association and its lawyer, Dylan Tarín, representing more than one hundred fined hosts.
Why can Airbnb be held liable?
Many owners fined for renting out their homes through Airbnb did not act in bad faith: they relied on a platform that allowed them to publish their listing without warning them about their legal obligations. This may give rise to the platform’s liability where it:
- Allowed tourist rental listings to be published without requiring a registration number or regional authorization
- Gave the impression that a main residence could be rented occasionally without a licence
- Failed to provide adequate information about the rules applicable in each municipality or autonomous region
- Gained a competitive advantage in the market by publishing listings without the required authorization
- According to the allegations in the ACABA claim, encouraged hosts to breach the law for its own benefit
The ACABA case: the precedent that opened this legal route
The Association of People Affected by the Conflict between Barcelona City Council and Airbnb (ACABA), founded and legally led by Dylan Tarín, is the key precedent for this line of defence.
| Milestone | Details |
|---|---|
| Origin | More than 5,000 Airbnb hosts fined by Barcelona City Council, with fines of €30,001 and €60,001 for occasionally renting out their main residence |
| Claim filed | Class action for unfair practices against Airbnb, alleging that the platform encouraged hosts to breach the law without warning them about the regulations |
| Court ruling | Commercial Court No. 10 of Barcelona admitted the claim for consideration and required Airbnb and the City Council to provide lists of affected hosts |
| Impact | Recognized as the first claim of its kind anywhere in the world against Airbnb, with extensive coverage in national media |
| Resultado para los sancionados | More than 600 hosts represented, with fines of up to €60,001 fully annulled by the administrative courts |
* Information based on public reporting about the ACABA case. Each new claim is assessed individually, as the outcome depends on the host’s specific circumstances and on how the legal proceedings develop.
How an Airbnb claim works
Bringing a claim against Airbnb is a separate process — and can be compatible — with appealing an administrative fine. These are its usual stages.
Case assessment
We review the fine received, the Airbnb listing and when it was created, to assess whether there are grounds for a claim against the platform.
Gathering evidence
Screenshots of the original listing, communications with Airbnb, and documentation relating to the administrative fine. The more information the host retains, the stronger the claim can be.
Claim against the platform
A formal claim is made against Airbnb, either individually or as part of coordinated action with other hosts affected by the same situation.
Civil or commercial court proceedings
If the out-of-court claim is unsuccessful, proceedings may be brought before the civil or commercial courts, relying on the precedent established by the ACABA case in Barcelona.
Legal routes for claiming against Airbnb
Depending on the circumstances of each case, a claim may be pursued through different legal routes.
Non-contractual liability
Where the damage suffered by the host (the fine) directly results from Airbnb’s conduct in allowing the listing to be published without the necessary warnings.
Unfair competition
The legal basis used in the ACABA claim: Airbnb benefited in the market by publishing listings without requiring its hosts to hold the mandatory tourist authorization.
Class action
When several hosts share a similar situation, it is possible to coordinate a joint claim, as already happened with the ACABA association in Barcelona.
Individual claim
It is not necessary to belong to an association. Each host can assess their individual situation and, where appropriate, bring their own claim against the platform.
Frequently asked questions about the Airbnb claim
In certain cases, yes. If Airbnb allowed the listing to be published without requiring a registration number and without warning about the applicable regulations, there may be a liability claim based on unfair practices. Dylan Tarín founded ACABA and secured the first class action in the world against Airbnb to be admitted for consideration on this basis before the Commercial Court of Barcelona.
Primarily two things: financial compensation for losses arising from the fine, and an end to the practice of publishing tourist rental listings without the corresponding authorization. The usual legal route is a claim based on unfair competition and non-contractual liability.
Yes. They are two separate and compatible routes. On the one hand, the fine can be appealed before the Administration or the administrative courts; on the other, a claim can be brought against Airbnb through the civil or commercial courts for its responsibility in the origin of the problem. See how the administrative appeal works here.
Civil liability claims have longer limitation periods than administrative appeals, but it is advisable not to delay: the sooner evidence is gathered (listing screenshots, communications with the platform), the stronger the case will be.
It is not essential. In addition to the collective route through ACABA, an individual claim against Airbnb may be pursued depending on the specific circumstances of each host.