> So if an Airbnb host steals your laptop, Airbnb should be responsible?
This is like saying "So if an employee of a hotel booked through Booking.com steals your laptop, Booking.com should be responsible?", where the answer is no. When you book on Booking.com or Airbnb you are freely choosing where you stay, and using the platform only as a marketplace.
However, in Uber's case, you are supposedly insured by uber, and you hire them to provide a service, which is then assigned to a driver. You can't choose the driver you get, or the car or whatever, so it's not a marketplace.
A case like Airbnb would also be any flight booking app like Expedia or Skyscanner, where you can see what multiple airlines offer and choose from them, and then book with the airline. If something happens, you file a claim or lawsuit against the airline.
Edit: I'm not talking about factual law, IANAL and I'm not in the US so there's that. I'm talking about what it _should_ be and what _would_ be fair.
Does Airbnb choose where you stay? Because Uber chooses who you drive with, and has all the data around that driver, whereas you do not. Completely different scenarios.
For sure. Airbnb can then go sue the host, but the user has a contract with Airbnb not the host. Maybe then Airbnb would start giving a single shit about abusive hosts.
Possibly not, possibly yes if it is a one time theft depending on juridictions. Definitely yes if this a repeat and it has been made known to them through several customer complaints visiting same host.
This is like saying "So if an employee of a hotel booked through Booking.com steals your laptop, Booking.com should be responsible?", where the answer is no. When you book on Booking.com or Airbnb you are freely choosing where you stay, and using the platform only as a marketplace.
However, in Uber's case, you are supposedly insured by uber, and you hire them to provide a service, which is then assigned to a driver. You can't choose the driver you get, or the car or whatever, so it's not a marketplace.
A case like Airbnb would also be any flight booking app like Expedia or Skyscanner, where you can see what multiple airlines offer and choose from them, and then book with the airline. If something happens, you file a claim or lawsuit against the airline.
Edit: I'm not talking about factual law, IANAL and I'm not in the US so there's that. I'm talking about what it _should_ be and what _would_ be fair.