Vacation Nightmares: Travelers Battle for Compensation as Bookings Go Wrong
A century-old oak tree crashed down on the initial day of a holiday. Minutes after James and his partner Andrew had finished eating breakfast on the terrace, the enormous tree smashed their table and chairs and crushed their rental car's windscreen.
The rental cottage in Provence, France was covered by branches that shattered the living room window and damaged the roof. "I was convinced the ceiling would cave in," James remembers. "Had it fallen minutes earlier, we could have been seriously injured or killed."
If it had fallen moments 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 traumatized couple worried the building might be unsafe and decided to reserve a hotel for the remainder of their week-long stay.
The booking platform showed little concern. "We recognize this may have caused some disruption," stated the first of many similar automated messages before concluding the unresolved case with a cheerful "Keep safe. Be well."
The host displayed little concern. "The only incident was you experienced a loud sound and observed a tree lying on the terrace," she replied to the couple's refund request. "You have chosen to remember the anxiety and distress rather than celebrating a special memory."
Summer Vacation Problems Surface
Now that the summer season has concluded, numerous holiday horror stories are coming to light.
Unfortunate travelers report being locked in or locked out their accommodation – when it existed – or left stranded at night in unfamiliar cities when it did not. Accounts include filthy bedrooms, dangerous equipment and unauthorized sublets. One shared element connects these ruined holidays: they were booked through digital reservation services that refused refunds.
The expansion of booking websites has prompted a increase in travelers arranging their own holidays. These companies display worldwide property portfolios on their websites and guarantee to fulfill travel dreams on a limited funds.
Consumer protections, though, have not caught up with their popularity.
Regulatory Loopholes
All-inclusive customers have legal options for holiday disasters under consumer travel regulations, but those who reserve accommodation through online booking services find themselves dependent on their host's willingness to help.
Some platforms promote additional protections, but your contract is with the individual or company providing the accommodation.
James and Andrew had spent £931 for their week in the French 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 liable for the damaged rental car. Despite the platform's guarantee program to reimburse customers for major issues, the company stated it was up to the host to approve a refund; the host insisted 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 summarily closed it. The host concluded 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 complete reimbursement along with a £500 voucher after inquiries were raised about its health and safety policies.
Locked In
Kim Pocock used a booking platform to book a flat for a weekend stay in Barcelona. She and her daughter were left trapped the property for most of their single full day in the city after a safety lock on the front door malfunctioned.
"The host sent a maintenance man, who was unable to help," she says. "They eventually sent a locksmith who attempted for multiple hours to access the lock from the outside. He had to purchase a rope, which he tossed up to our window and we lifted up a wrench and pliers. With us levering the lock from the inside and the locksmith hammering it from the outside, we eventually managed to remove it. It was discovered unfastened bolts had blocked the mechanism. By then it was almost 4pm."
We would have been at grave danger if there had been an crisis while we were locked in, yet the host faulted us for using the lock
Pocock asked for a complete reimbursement 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 declined, 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 trapped outside the London flat he reserved for £70 when, upon trying to check in, he found the key safe empty. The owners told him they were abroad and could not help and advised him to find alternative accommodation for the night. He spent an extra £123 on a hotel room and has spent the intervening four months trying in vain to get this reimbursed.
"The platform has essentially said that as the owner won't reply to them there's nothing they can do," he says. "I can't comprehend how a business can operate this way with no accountability. The extra frustration is that the property in question is still being advertised on the platform."
The platform refunded both customers after intervention. The company verified the host who had left Philip out of his rental had not responded to its inquiries. When asked why dishonest accommodation providers were not removed, it said customers should read guest feedback to ensure a property was "suitable for them."
Rating Processes
Reviews do not always reveal the whole story. A recent investigation 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 flood of reviews cautioning that a listing is a fraud or not available.
The platform responded that customers could easily organize reviews by the newest or lowest score so as to make their own decision on a property.
The same report stated that listings that had been multiple times reported as scams were not removed. The platform answered that it depended on hosts to abide by its rules and ensure that availability was current.
Regulatory Grey Area
The issue for travelers who do not get what they paid for is that their legal agreement is with the accommodation provider rather than the booking platform.
Major platforms promise to help find alternative accommodation in an crisis, but getting payment for a interrupted stay is a tougher battle. Both typically rely on the owner to do what's fair.
The sector needs greater regulation, according to consumer protection experts. "Since online platforms effectively police themselves, the only option if the dispute isn't resolved is lawsuits," analysts say. "But who against? As the contract is between you and the host you'd have to take court proceedings in their country."
They add: "You could argue that the online marketplace failed to investigate your complaint properly and try to sue them, but this is a grey area. Both firms are based overseas and have deep pockets."
Government authorities say new customer safety legislation requires online platforms to "exercise professional diligence" in relation to consumer purchases advertised or made on their platforms.
A spokesperson says: "Authorities are on the side of consumers and we have brought into force strict new financial penalties for breaches of consumer law to safeguard people's money."
They added: "Companies selling services to local consumers must follow local law, and we have bolstered oversight authorities' powers to make sure they face severe penalties if they do not."