Holiday Horrors: Travelers Battle for Compensation as Bookings Turn Sour
A 100-year-old oak tree toppled over on the first day of a vacation. 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 harmed the roof. "I was convinced the ceiling would collapse," James recalls. "If it had fallen moments earlier, we could have been seriously injured or fatally wounded."
If it had come down minutes earlier we would have been seriously injured or killed
Emergency repairs took 24 hours after the host hauled the tree off the property, but the shaken couple worried the building might be structurally unsound and decided to book a hotel for the remainder of their week-long stay.
The booking platform remained unperturbed. "We recognize this may have caused some disruption," wrote the first of many identical automated messages before concluding the unresolved case with a upbeat "Keep safe. Be well."
The host also showed little concern. "All that happened was you experienced a loud sound and observed a tree lying on the terrace," she replied to the couple's refund request. "You decided to remember the worry and distress instead of cherishing a unique memory."
Summer Vacation Problems Emerge
With the summer season has concluded, numerous travel nightmare accounts are emerging.
Unfortunate travelers report being trapped inside or unable to enter their accommodation – when it existed – or abandoned at night in strange cities when it wasn't. Accounts include dirty bedrooms, dangerous equipment and illegal sublets. One common factor unites these spoiled holidays: they were reserved through digital reservation services that refused refunds.
The growth of rental platforms has prompted a rise in travelers organizing their own holidays. These companies showcase worldwide property listings on their websites and promise to satisfy wanderlust on a limited funds.
Customer safeguards, however, have not kept pace with their popularity.
Legal Loopholes
All-inclusive customers have legal options for holiday disasters under consumer travel regulations, but those who reserve accommodation through third-party platforms find themselves reliant on their host's willingness to help.
Some platforms promote additional protections, but your agreement is with the individual or business offering the accommodation.
James and Andrew had paid £931 for their week in the Provençal cottage and when they felt too unsafe to return, ended up spending twice that for a hotel. They have yet to receive information about whether they are responsible for the broken rental car. Despite the platform's protection pledge to refund customers for serious problems, the company declared it was up to the host to agree a refund; the host claimed the determination was the platform's.
After two and a half months of similar automated messages in response to James's complaint, the platform declared the case had continued 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 "transform the event into a positive story."
The platform finally 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 two-night stay in Barcelona. She and her daughter were left trapped the property for most of their only full day in the city after a security lock on the front door malfunctioned.
"The host dispatched a maintenance man, who was unable to help," she says. "They eventually called a locksmith who tried for multiple hours to access the lock from the outside. He had to buy a rope, which he threw up to our window and we lifted up a tool and tools. With us levering the lock from the inside and the locksmith hammering it from the outside, we finally managed to extract it. It was discovered unfastened bolts had jammed the mechanism. By then it was nearly 4pm."
We would have been at grave danger if there had been an emergency while we were locked in, yet the host blamed us for using the lock
Pocock asked for a complete reimbursement to compensate her ruined trip and the stress. The booking platform indicated this was at the decision of the host. The host not only refused, but withheld her €250 deposit to cover the replacement lock. The deposit was finally returned by the platform but Pocock felt she was due the €446 rental cost.
Another platform customer, Philip, was locked out the London flat he booked for £70 when, upon attempting to check in, he found the lockbox empty. The owners informed him they were overseas and could not help and advised him to find somewhere else for the night. He spent an extra £123 on a hotel room and has spent the intervening four months attempting in vain to get this refunded.
"The platform has basically said that as the owner won't reply to them there's nothing they can do," he says. "I don't understand how a business can function this way with no responsibility. The additional frustration is that the property in question is continues being advertised on the platform."
The platform refunded both customers after involvement. The company verified the host who had locked Philip out of his rental had failed to its questions. When asked why dishonest accommodation providers were not delisted, it said customers should review guest feedback to ensure a property was "suitable for them."
Rating Systems
Ratings do not always reveal the whole story. A recent consumer report highlighted that one platform's default system was displaying reviews it considered "relevant." This means that it is simple for users to overlook a recent deluge of reviews warning that a listing is a scam or not available.
The platform responded that customers could easily sort reviews by the most recent or worst ratings 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 taken down. The platform responded that it depended on hosts to follow its rules and ensure that booking information was current.
Legal Uncertainty
The problem for travelers who do not get what they paid for is that their legal agreement is with the accommodation provider not the booking platform.
Major platforms promise to help find alternative accommodation in an crisis, but getting payment for a disrupted stay is a more difficult battle. Both tend to rely on the owner to do what's fair.
The industry needs more regulation, according to consumer advocates. "Since online platforms essentially self-regulate, the only option if the dispute isn't resolved is legal action," experts say. "But against whom? As the contract is between you and the host you'd have to take legal action in their country."
They continue: "One might claim that the online marketplace failed to look into your complaint thoroughly and try to sue them, but this is a legal uncertainty. Both companies are based overseas and have deep pockets."
Regulatory bodies say new consumer protection legislation requires online platforms to "exercise professional diligence" in relation to consumer transactions advertised or made on their platforms.
A spokesperson states: "Government agencies are on the side of consumers and we have implemented strict new fines for breaches of consumer law to safeguard people's funds."
They added: "Businesses selling services to local consumers must follow national law, and we have strengthened oversight authorities' powers to make sure they face substantial penalties if they do not."