Vacation Nightmares: Travelers Battle for Compensation as Bookings Turn Sour
One 100-year-old oak tree toppled over on the first day of a holiday. Moments after James and his partner Andrew had finished breakfasting on the terrace, the enormous tree smashed their table and chairs and damaged their rental car's windscreen.
The rental cottage in Provence, France was covered by branches that broke the living room window and damaged the roof. "I was certain the ceiling would collapse," James remembers. "If it had fallen moments earlier, we could have been critically hurt or fatally wounded."
Had it come down moments earlier we would have been critically hurt or fatally wounded
Emergency repairs took a full day after the host winched the tree off the property, but the shaken couple worried the building might be structurally unsound and decided to reserve a hotel for the rest of their week-long stay.
The booking platform remained unperturbed. "We understand this may have created some disruption," stated the first of many similar automated messages before closing the unresolved case with a upbeat "Stay safe. Be well."
The host displayed little concern. "The only incident was you heard a loud noise and observed a tree lying on the terrace," she responded to the couple's refund request. "You decided to focus on the anxiety and distress instead of cherishing a unique memory."
Summer Travel Issues Surface
With the peak travel period has ended, countless holiday horror stories are emerging.
Unfortunate travelers report being trapped inside or locked out their accommodation – when it existed – or abandoned at night in strange cities when it did not. Stories include filthy bedrooms, dangerous equipment and illegal sublets. One shared element unites these spoiled holidays: they were reserved through online booking platforms that refused refunds.
The growth of rental platforms has led to a increase in travelers organizing their own holidays. These companies showcase global property portfolios on their websites and promise to fulfill wanderlust on a limited funds.
Customer safeguards, though, have not kept pace with their popularity.
Legal Gaps
All-inclusive customers have legal recourse for holiday disasters under travel protection regulations, but those who reserve accommodation through online booking services find themselves dependent on their host's cooperation.
Some platforms advertise additional protections, but your agreement is with the person or business providing the accommodation.
James and Andrew had spent £931 for their week in the Provençal cottage and when they felt too unsafe to return, found themselves spending twice that for a hotel. They still await information about whether they are responsible for the damaged rental car. Despite the platform's guarantee program to refund customers for serious problems, the company declared it was up to the host to approve a refund; the host insisted the decision was the platform's.
After 10 weeks of similar automated messages in response to James's complaint, the platform announced the case had dragged on long enough and abruptly ended it. The host decided that since repairs had cost her €5,000 (£4,350), she would not be providing a refund either. She suggested that instead the couple celebrate their survival and "turn the event into a beautiful story."
The platform eventually issued a full refund along with a £500 voucher after questions were raised about its safety policies.
Trapped
Kim Pocock used a booking platform to reserve a flat for a weekend stay in Barcelona. She and her daughter were left trapped the property for the majority of their only full day in the city after a security lock on the front door malfunctioned.
"The host dispatched a repair person, who was could not to help," she says. "Finally they sent a locksmith who attempted for several hours to fix the lock from the outside. He had to buy a rope, which he tossed up to our window and we hoisted up a wrench and pliers. With us prying the lock from the inside and the locksmith hammering it from the outside, we finally managed to remove it. It was discovered unfastened bolts had blocked the mechanism. By then it was nearly 4pm."
We would have been at serious risk if there had been an crisis while we were trapped, yet the host faulted us for using the lock
Pocock requested a full refund to make up for her spoiled trip and the anxiety. The booking platform said this was at the discretion of the host. The host not only refused, but kept her €250 deposit to pay for the replacement lock. The deposit was eventually returned by the platform but Pocock felt she was owed the €446 rental cost.
Another platform customer, Philip, was locked out the London flat he reserved for £70 when, upon trying to check in, he found the lockbox empty. The owners informed him they were abroad and could not help and advised him to locate somewhere else for the night. He spent an extra £123 on a hotel room and has spent the intervening four months trying unsuccessfully to get this reimbursed.
"The platform has basically said that as the owner isn't responding to them there's little they can do," he says. "I can't comprehend how a business can function this way with no responsibility. The additional disappointment is that the property in question is continues being advertised on the platform."
The platform reimbursed both customers after involvement. The company verified the host who had locked Philip out of his rental had not responded to its inquiries. When asked why unscrupulous accommodation providers were not delisted, it said customers should read guest feedback to ensure a property was "the right fit."
Rating Processes
Reviews do not always tell the complete picture. A recent consumer report highlighted that one platform's standard setup was showing reviews it considered "relevant." This means that it is easy for users to overlook a current deluge of reviews cautioning that a listing is a scam or not available.
The platform responded that customers could easily organize reviews by the most recent or lowest score so as to make their own decision on a property.
The same report claimed that listings that had been multiple times reported as scams were not removed. The platform responded that it depended on hosts to abide by its terms and conditions and ensure that booking information was up to date.
Legal Uncertainty
The issue for travelers who do not get what they expected is that their contract is with the accommodation provider rather than the booking platform.
Major platforms commit to help find other accommodation in an crisis, but getting compensation for a disrupted stay is a tougher battle. Both typically rely on the owner to do the right thing.
The industry needs greater regulation, according to consumer advocates. "Since online platforms essentially self-regulate, the only course of action if the dispute isn't resolved is lawsuits," experts say. "But who against? As the contract is between you and the host you'd have to take legal action in their country."
They add: "One might claim that the online marketplace didn't manage to investigate your complaint properly and try to sue them, but this is a grey area. Both companies are based overseas and have significant financial resources."
Government authorities say new consumer protection legislation requires online platforms to "exercise professional diligence" in relation to consumer transactions promoted or made on their platforms.
A representative states: "Authorities are on the side of consumers and we have implemented strict new financial penalties for violations of consumer law to safeguard people's money."
They added: "Companies selling services to local consumers must comply with national law, and we have strengthened regulatory authorities' powers to make sure they face severe penalties if they do not."