Holiday Nightmares: Travelers Battle for Compensation as Bookings Go Wrong
One century-old oak tree toppled over on the initial day of a holiday. Moments after James and his partner Andrew had finished eating breakfast on the terrace, the enormous tree destroyed their table and chairs and damaged their rental car's windscreen.
The vacation home in Provence, France was covered by branches that broke the living room window and harmed the roof. "I was certain the ceiling would cave in," James recalls. "If it had fallen moments earlier, we could have been critically hurt or killed."
If it had fallen minutes earlier we would have been seriously injured or fatally wounded
Emergency repairs took 24 hours after the host winched the tree off the property, but the shaken couple feared the building might be unsafe and chose to book a hotel for the rest of their week-long stay.
The booking platform showed little concern. "We understand this may have caused some inconvenience," wrote the first of many identical automated messages before closing the pending case with a upbeat "Stay safe. Be well."
The host also showed little concern. "The only incident was you experienced a loud sound and saw a tree lying on the terrace," she replied to the couple's refund request. "You decided to focus on the worry and trauma rather than cherishing a unique memory."
Peak Season Vacation Issues Surface
With the summer season has concluded, numerous holiday horror stories are coming to light.
Unfortunate travelers report being locked in or unable to enter their accommodation – if it was real – or abandoned at night in strange cities when it did not. Accounts include filthy bedrooms, unsafe 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 prompted a increase in travelers arranging their own holidays. These companies showcase worldwide property portfolios on their platforms and promise to satisfy wanderlust on a budget.
Consumer protections, though, have not caught up with their widespread use.
Regulatory Gaps
Package-deal 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 advertise additional protections, but your agreement 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 sufficiently endangered to return, found themselves spending twice that for a hotel. They have yet to receive notification about whether they are responsible for the broken rental car. Despite the platform's guarantee program to refund customers for major issues, the company declared it was up to the host to agree a refund; the host insisted the decision was the platform's.
After two and a half months of identical automated messages in response to James's complaint, the platform declared the case had continued long enough and summarily closed it. The host decided that since repairs had cost her €5,000 (£4,350), she would not be offering a refund either. She suggested that instead the couple commemorate 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 book a flat for a two-night 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 safety lock on the front door malfunctioned.
"The host sent a maintenance man, who was could not to help," she states. "They eventually sent a locksmith who attempted for several hours to access the lock from the outside. He had to purchase a rope, which he tossed up to our window and we hoisted up a tool and pliers. With us prying the lock from the inside and the locksmith banging it from the outside, we eventually managed to extract it. It was discovered unfastened bolts had blocked the mechanism. By then it was nearly 4pm."
We would have been at grave danger if there had been an crisis while we were locked in, yet the host blamed us for using the lock
Pocock requested a complete reimbursement to compensate 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 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 trying 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 paid an extra £123 on a hotel room and has spent the following four months trying unsuccessfully to get this reimbursed.
"The platform has essentially said that as the owner isn't responding to them there's nothing they can do," he says. "I don't understand how a business can operate this way with no accountability. The additional frustration is that the property in question is continues being listed on the platform."
The platform reimbursed both customers after intervention. The company verified the host who had left Philip out of his rental had not responded to its questions. When asked why dishonest accommodation providers were not delisted, it said customers should review guest feedback to ensure a property was "the right fit."
Review Processes
Reviews do not always reveal the complete picture. A previous consumer report highlighted that one platform's default system was displaying reviews it considered "important." This means that it is easy for users to overlook a recent deluge of reviews warning that a listing is a fraud or not available.
The platform responded that customers could easily sort reviews by the newest or worst ratings so as to make their own choice on a property.
The same report claimed that listings that had been multiple times reported as scams were not taken down. The platform answered that it relied on hosts to follow its terms and conditions and ensure that availability was current.
Legal Grey Area
The problem for travelers who do not get what they paid for is that their contract is with the accommodation provider rather than the booking platform.
Major platforms promise to help find other accommodation in an crisis, but getting compensation for a disrupted stay is a more difficult struggle. Both tend to rely on the owner to do the right thing.
The sector needs more regulation, according to consumer protection experts. "Because online platforms effectively self-regulate, the only option if the dispute isn't resolved is legal action," 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 thoroughly and try to sue them, but this is a legal uncertainty. Both companies are registered overseas and have deep pockets."
Government authorities say recent consumer protection legislation requires online platforms to "exercise professional diligence" in relation to consumer transactions advertised or made on their platforms.
A representative says: "Authorities are on the side of consumers and we have brought into force tough new fines for violations of consumer law to protect people's money."
They continued: "Companies selling services to domestic consumers must follow national law, and we have bolstered regulatory authorities' powers to make sure they face severe penalties if they do not."