Legal Compliance Guide

How to Collect Guest Emails Legally for Vacation Rentals

Everything you need to know about legal email collection: OTA platform rules, CAN-SPAM, GDPR, and the proven "digital guidebook method" that achieves 90%+ capture rates.

12 min readBy Jason LaGreca
100% Legal
Platform-compliant methods
GDPR Ready
EU compliance included
90%+ Capture Rate
Proven method

Here's the question I get asked more than any other: "Is it legal to collect guest emails from Airbnb and Booking.com bookings?"

The short answer: Yes, absolutely—if you do it correctly.

The confusion comes from three overlapping concerns:

  1. 1. OTA platform rules: What do Airbnb/Booking.com/Vrbo allow?
  2. 2. Privacy laws: CAN-SPAM (US), GDPR (EU), and other regulations
  3. 3. Ethical concerns: Is it "right" to market to OTA guests directly?

This guide addresses all three. You'll learn:

  • Exactly what OTA platforms allow (and what violates their terms)
  • How to comply with CAN-SPAM and GDPR (avoid $50K fines)
  • The "digital guidebook method" (90%+ capture rate, 100% legal)
  • Copy-paste opt-in language that meets all legal requirements
  • What NOT to do (common violations that get hosts banned)

I'm Jason, founder of GuestLoop and a Superhost running two properties in the Blue Mountains. I've collected emails from 94% of my guests using the methods in this guide—without ever violating platform rules or privacy laws. Let me show you how.

The Legal Foundation: Why Email Collection IS Legal

Let's start with the fundamental principle: Collecting guest emails is legal because of "legitimate interest" and "value exchange."

The Value Exchange Principle

You are not "stealing" guest information. You are offering something valuable (WiFi password, check-in instructions, local recommendations) in exchange for their email address.

If the value you provide is genuine and the exchange is transparent, it's legal in every jurisdiction.

3 Pillars of Legal Email Collection

1
Legitimate Purpose

The email collection serves a real function (providing property information, not just marketing)

2
Informed Consent

Guests clearly understand what they're agreeing to (opt-in checkbox for marketing)

3
Respect for Privacy

You honor unsubscribe requests, protect data, and follow applicable laws

Bottom Line: If you provide real value, get clear consent, and respect privacy, email collection is not only legal—it's standard business practice.

OTA Platform Rules: What's Allowed (and What's Not)

This is where most hosts get confused. OTA platforms don't prohibit email collection—they prohibit soliciting direct bookings before or during a reservation.

Airbnb's Policy

❌ PROHIBITED:
  • • Asking for contact information in Airbnb messages
  • • Sharing your phone number or email in pre-booking communications
  • • Soliciting guests to book directly instead of through Airbnb
  • • Redirecting guests to external websites before booking
✅ ALLOWED:
  • • Sharing a digital guidebook link after booking is confirmed
  • • Guidebook requiring email to access property information
  • • Emailing guests AFTER their stay with thank you messages
  • • Marketing to past guests for future stays (not current reservation)

Booking.com's Policy

❌ PROHIBITED:
  • • Asking guests to cancel and rebook directly
  • • Sharing external booking links during reservation
  • • Collecting payment outside Booking.com for current stay
✅ ALLOWED:
  • • Providing check-in instructions via digital guidebook
  • • Collecting email for guidebook access (legitimate purpose)
  • • Following up with past guests after checkout
  • • Building relationship for future direct bookings

Vrbo's Policy

Vrbo is more lenient than Airbnb and Booking.com. They allow:

  • • Direct communication with guests via email/phone
  • • Sharing your direct booking website link
  • • Inviting guests to book directly for future stays

However, you still cannot ask them to cancel an active Vrbo booking.

💡 The Golden Rule Across All Platforms:

Provide value first, market second. If your primary purpose is delivering essential property information (guidebook), and email collection is a byproduct, you're compliant. If your primary purpose is to circumvent the platform, you're violating terms.

CAN-SPAM Compliance (US Law)

⚠️ Important: CAN-SPAM applies to ALL commercial emails sent to US recipients. Violations can cost up to $50,000 per email.

7 CAN-SPAM Requirements

1. Accurate "From" Information

Your "From," "To," and routing information must be accurate and identify the person or business who initiated the email.

From: Jason @ Blue Mountains Cabin <jason@yourdomain.com>
2. Truthful Subject Lines

The subject line must accurately reflect the content of the message. No deceptive or misleading subject lines.

✅ GOOD: "Miss the Blue Mountains? 10% Off Your Next Stay"
❌ BAD: "Urgent: You Won Free Vacation!" (when it's actually a promotional offer)
3. Identify as Advertisement

If the email is promotional, disclose that it's an advertisement. You can do this in the subject line or first few lines of the email.

This is a marketing message. We're offering 10% off your next stay...
4. Include Physical Address

Your email must include your valid physical postal address. This can be your home address, PO box, or registered business address.

Blue Mountains Cabin
123 Mountain View Rd
Katoomba, NSW 2780, Australia
5. Clear Unsubscribe Option

Every email must include a clear and conspicuous way to opt out. The unsubscribe mechanism must work for at least 30 days after sending.

Don't want these emails? Unsubscribe here
6. Honor Unsubscribe Requests Promptly

You must honor opt-out requests within 10 business days. You cannot charge a fee, require login, or make the process difficult.

7. Monitor Third-Party Email Services

Even if you hire a company to handle your email marketing, you're still responsible for compliance. Choose reputable email services (Mailchimp, ConvertKit, etc.) that ensure CAN-SPAM compliance.

✅ Good News for Vacation Rental Hosts:

Transactional emails (booking confirmations, check-in instructions, thank you messages) are NOT subject to CAN-SPAM's commercial message requirements. Only marketing emails (rebooking campaigns, promotional offers) need to follow all 7 rules.

Ready to Start Collecting Emails Legally?

Use GuestLoop's compliant digital guidebook to capture 90%+ of guest emails—100% legally.

14-day free trial • 90%+ email capture • Platform-compliant

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