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49620 Views 167 Replies Latest reply: Apr 2, 2014 8:11 PM by stonemsp RSS Go to original post 1 ... 3 4 5 6 7 ... 12 Previous Next
  • New Member 16 posts since
    Mar 15, 2012

    I've been renting for 3 years, that may be relatively new but I'm not concerned.  Sure there are vindictive people but to live in fear of a miniscule risk and to have such a bitter attitude towards one's customers seems like a situation where one reaps what one sews. Carry on......

  • native7 Contributor 47 posts since
    Mar 16, 2012

    Au contraire!

    No offense but I think you are a bit Naive.

     

    Your idea that we ALL have a "Bitter Attitude" toward our guests is also incorrect. We love our guests at they are our business.

     

    Most are wonderful people that come back year after year and become friends and many times investors.  Unfortunately that one "vindictive" person can destroy your business.  Have you had a vindictive guest post a neg review?   

     

    From the looks of your listing, though, someone has been quite busy writing 5 star reviews for your property and not yet experienced this gift of the scathing review.   (hmmm 29 reviews? Perhaps you should be expousing the virtues of writing creative 5 star reviews to offset the few negative? ~ Good job!)

     

    Good for you but "Knock on Wood".  Once you book that one wrong person (and you will) and your business is irreparably damaged you will join the ranks of the hundreds of other owners that are upset about this. 

     

    Really, though, I hope you never do and good luck to you!

     

    "Now and then it is good to pause in our "pursuit of happiness" and just be happy.

    Sent from paradise!

  • native7 Contributor 47 posts since
    Mar 16, 2012

    Au contraire Cayo!

    No offense but I think you are a bit Naive.

     

    Your idea that we ALL have a "Bitter Attitude" toward our guests is also incorrect. We love our guests at they are our business.

     

    Most are wonderful people that come back year after year and become friends and many times investors.  Unfortunately that one "vindictive" person can destroy your business.  Have you had a vindictive guest post a neg review?   

     

    From the looks of your listing, though, someone (hmmm 29 reviews?) has been quite busy writing 5 star reviews for your property and not yet experienced this gift of the scathing review. 

     

    Good for you but "Knock on Wood".  Once you book that one wrong person (and you will) and your business is irreparably damaged you will join the ranks of the hundreds of other owners that are upset about this. 

     

    Really, though, I hope you never do and good luck to you!

     

    "Now and then it is good to pause in our "pursuit of happiness" and just be happy.

    Sent from paradise!

  • New Member 16 posts since
    Mar 15, 2012

    Hmmm yes, 29 - 100% legitimate reviews from guests who have stayed in my place.  I resent your patently false implication.  A healthy attitude and genuine care for providing a service create those reviews.  I personally meet each guest.  I often help them launch their boat, sometimes driving their boat to the dock or bringing back their truck and parking their trailer.  Every guest has my cell phone number and is encourged to call me with questions or concerns.  I respond to any issues reported to me at anytime, night or day.  I have many return guests.  I'm not petty about a chipped tile, stained towel or broken glass.  It's the cost of doing business.  I've had the guests from hell at least 3 times and to a person, I worked my rear off to try and turn them around. One booked a second time, much to my dismay.  Maybe being a hands-on owner makes the difference.  I personally maintain the place, I clean it, I book it, I collect the money and, as I stated, meet each party upon arrival and departure.   It's part time job, it can be a pain, but I do it because I want to have another successful endeavor in my life.  My bookings, reviews and their number seem to bear that out. 

  • Contributor 233 posts since
    Dec 26, 2011

    If you are happy with running your vacation rental business this way, that is all that really matters.  I think the fact that you would allow a former guest from hell to rent again says it all.  It's not surprising that you have no negative reviews.

  • native7 Contributor 47 posts since
    Mar 16, 2012

    Cayo,

     

    I believe that it was your origional  post criticizing all of the other owners on this forum that got this started.  Not sure what that says for your "attitude" other than You obviously think you "know it all".

     

    It was also you that said, and I quote ~ "All positive reviews always make me suspicious. " Well now, why would you be suspicious?  Obviously stuck a nerve! hmmmm

     

    "Now and then it is good to pause in our "pursuit of happiness" and just be happy.

    Sent from paradise!

     

    .

  • New Member 16 posts since
    Mar 15, 2012

    To disagree is not criticism, it's discourse.  To the best of my knowledge, this is an open forum to air all perspectives.  I do not have all perfect reviews.  Your implications that I am forging my reviews is false and defamatory, effectively doing to me what you fear that your guests will do to you.  As a result of your attacks against me personally, I have removed the reference to my listing from my profile.

  • native7 Contributor 47 posts since
    Mar 16, 2012

    Yes cayo and you are not the only one that has opinions.

     

    You can interpret it as you please but according to your  theory, negative comments about you should "Increase your credibility."  Did you change your mind?

     

    I believe the real discussion here is that these are Paid advertisments that we, the advertisor pays for.  Why would we want someone to be able to disparage our product on our own ad.  There are plenty of forums on the internet to post complaints.  The problem lies in the fact that this is a PAID ADVERTISMENT.

     

    Now do you think HomeAway would be happy if their PAID superbowl commericial was followed by a series of remarks from unhappy customers telling folks not to use HomeAway services?

     

    You probably have an answer for that as well so Sorry, Done ~ Refuse to have a battle of wits with an unarmed person.

     

    Have a great day!

     

     

    "Now and then it is good to pause in our "pursuit of happiness" and just be happy.

    Sent from paradise!

  • spoonbill Contributor 105 posts since
    Feb 24, 2011

    I'd like to make a few comments about the non-disparagement clause.  The way the clause is written is only of value as a scare tactic and frankly, I would not want to go to court to try and enforce it.  You place the burden of proof for the damages on yourself and then you limit yourself to an amount that would not recover your legal costs.  When you sue for breach of contract and are suing for damages, you must provide evidence the court can rely upon to prove the actual damage you have suffered.  It can't be damage that you speculate you will suffer in the future.  This is why realestate contracts have liquidated damages cluses.  In essence, both parties agree that one party will suffer damages but both parties agree that proving such damages and measureing such damages are impractical therefore, both parties agree that sum $XXXX is a fair and reasonable amount for such damages and no further action is required to prove the damages other than proving a breach of the contract.  Small Claims would be a great way to go except for three problems. 1) you have to sue in Small Claims court where the person resides and your renter may be from another state, city or country, 2) even if the renter looses, they can appeal for a trial devnovo in superior court (this varies from state to state), and 3) you can't use an attorney in Small Claims Court so you have to go represent yourself.

     

    As a strategy, you want to make them have to sue you to get money returned rather than sue them to get money.  Now the cost burden rests with them as does control of getting their money back.  So, something like an agreed liquidated damage of $1,000 to be charged to the renter's credit card, or a combination of damage deposit and credit card charge totaling $1,000 as liquidated damages is probably sufficient to first discourage a breach of the clause and second, you could add a refund less the costs incurred of $100 upon removal of the offending review/posting (I'm not trying to write the actual language here but merely to provide a better enforcement strategy).  This latter option may be needed because the publishing site may not accept your contract agreement as allowing you to request removal on behalf of the renter unless you added a limited power of attorney to your contract and that would require having the contract and limited power fo attorney aigned and notarized.  Talk about obstacles to renting...  Easier to incent them to do the right thing.

     

    Another option would be to bill them for the liquidated damages amount.  They of course will refuse to pay it, you can then threaten to send it to a collection agency along with the contract stating they would pay it if they violated the provision and that it will be reported to the credit reporting agencies unless they pay the amount or cure the breach be removing the offending posts.

     

    I welcome your thoughts.

  • New Member 1 posts since
    Sep 19, 2011

    I too am very frustrated with HomeAway and VRBO and will begin looking for another site to advertise my rental unit.  Why are we paying all this money if they won't even protect the homeowner or make a renter PROVE any negative reviews.  Yes, it is someones OPINION if they think the rental is too small, too far, etc.  But to say things are unclean, infested with bugs, broken items, etc.  These are things the homeowner can disprove by getting photos and statemants from cleaning services and from pest control.   So why wouldn't HomeAway and VRBO offer this type of information to prove that a bad review is FALSE and just an attempt to get a refund. 

    If there were as many things wrong with my home as stated in this Terrible reveiw I just received I would have left and not spent 4 days and 3 nights there.   I do think one bad review is not good.   I am totally disappointed by HomeAway and VRBO.  No help.  No help at all.

  • msdebj Senior Contributor 1,350 posts since
    May 25, 2011

    I've not added a  non disparagement clause to my lease, and doubt I will.  I do have a Hold Harmeless Agreement as part of my lease. This may, or may not help if/when I get a negative review. 

     

    Only 1 inquirer balked at signing it, and after speaking to her on the phone  for over 20 minutes I came to the conclusion that she wasn't someone I really wanted to rent to anyway. 

    Here's the clause:

    Hold Harmless Agreement

    Guest acknowledges and understands that each and every guest or guardian during your rental dates of __________________________ is solely responsible for any property damage, accident, injury or loss sustained to any person while in residence and the Owner/Agent accepts no legal or financial responsibility. Guests and guardians assume all risk of injury or other loss resulting from a recreational activity and will hold Owner/Agent harmless hereto. Guest hereby agrees to indemnify and hold XXX, employees, and officers harmless from any claim, including those of third parties, arising out of or in any way a result of the guests use of the premises or items therein.

     

    Owner/Agent (XXX and employees) cannot be held responsible for : The failing of any other company due to said company’s error or service interruption {i.e. electricity, water, gas, cable, wireless provider, etc.} and acts of neighbors such as: construction, road repair and maintenance or act of god (weather). However, Owners/Agent agree to do all that is humanly possible to remedy any issue as quickly as possible. Agent/Owners reserve the right to enter property at any time to investigate disturbances, check occupancy, check damages, make repairs, alterations and improvements.

     

     

    Responsible Party_________________________________________________

                                        (printed)

                              

    ___________________________________________Date__________ (page 4 of 4) 

    (signature)

                                 

  • New Member 16 posts since
    Jun 28, 2012

    For those of you considering "Gag Orders" in your contracts, you might be interested in reading how renters feel about them. Check out this discussion at TripAdvisor where the renter ultimately decided to not rent the property when presented with such a clause.  http://www.tripadvisor.com/ShowTopic-g187147-i14-k5539819-o20-HomeAway_Reviews_Paris-Paris_Ile_de_France.html

  • method Contributor 48 posts since
    Jun 15, 2011

    Meh, that post was cursorily done so it's hard to take the comments below it with much warrent. All I know is my gag order doesn't dissallow negative reviews, it dissallows fictictious negative reviews (which can and has happened to a rental property manager I know when people get emotionally bitter about not getting their security deposit back) I've had mine in the contract for about a year now. Haven't had a problem yet.

     

    There is a pretty big difference between not allowing negative reviews and not allowing fictitious negative reviews. If that person in the post actually has a clause that doesn't allow any negative reviews then yes it's unwarrented and you'll get a lot of backlash. But I really doubt he does and that poster is being mildy hyperbolic or not understanding the text written in the clause.

  • New Member 16 posts since
    Jun 28, 2012

    Look like I might have confused you by linking to page 3 of the comment thread instead of page 1. Meaning you only caught the tail end of the comments. Here is the link to page 1, http://www.tripadvisor.com/ShowTopic-g187147-i14-k5539819-HomeAway_Reviews_Paris-Paris_Ile_de_France.html  so you can read the original post and all 26 responses so far.

     

    I don't know if the average renter will catch the distinction between posting negative reviews and posting ficticious negative reviews. We don't know exactly what was in that clause, only that it caused the renter to keep looking and ulitmately find another property.

     

    I for one would be scared off no matter which form the gag order took. And, I'm one of your desirable renters who uses a valid credit card, doesn't smoke, cleans up the kitchen afterwards and generally takes very good care of properties.

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