Vacation Horrors: Tourists Struggle for Compensation as Reservations Turn Sour
A 100-year-old oak tree crashed down on the initial 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 damaged the roof. "I was convinced the ceiling would cave in," James recalls. "Had it fallen minutes earlier, we could have been critically hurt or fatally wounded."
Had it come down moments earlier we would have been seriously injured or killed
Urgent 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 chose to reserve a hotel for the remainder of their week-long stay.
The booking platform showed little concern. "We understand this may have created some disruption," stated the first of many identical automated messages before concluding the pending case with a cheerful "Stay safe. Be well."
The host also showed little concern. "The only incident was you heard a loud noise and observed a tree resting on the terrace," she responded to the couple's refund request. "You decided to remember the anxiety and distress rather than cherishing a unique memory."
Peak Season Travel Problems Emerge
With the peak travel period has ended, numerous travel nightmare accounts are emerging.
Unfortunate travelers report being locked in or unable to enter their rental – when it existed – or abandoned at night in unfamiliar cities when it wasn't. Stories include filthy bedrooms, dangerous equipment and illegal sublets. One shared element unites these spoiled holidays: they were booked through online booking platforms that declined refunds.
The expansion of booking websites has led to a rise in travelers organizing their own holidays. These companies showcase worldwide property portfolios on their websites and promise to satisfy wanderlust on a limited funds.
Consumer protections, however, have not kept pace with their popularity.
Legal Gaps
Package-deal customers have legal options for holiday disasters under travel protection regulations, but those who reserve accommodation through online booking services find themselves reliant on their host's cooperation.
Some platforms promote extra protections, but your contract is with the person or business 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 paying twice that for a hotel. They still await notification about whether they are responsible for the broken rental car. Despite the platform's guarantee program to refund customers for serious problems, the company declared it was up to the host to agree a refund; the host insisted the determination was the platform's.
After 10 weeks of similar automated messages in response to James's complaint, the platform announced 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 offering a refund either. She proposed that instead the couple celebrate their survival and "transform the event into a beautiful story."
The platform finally issued a complete reimbursement along with a £500 voucher after inquiries were raised about its health and safety policies.
Trapped
Kim Pocock used a booking platform to book a flat for a weekend stay in Barcelona. She and her daughter were stuck inside the property for the majority of their single full day in the city after a safety lock on the front door malfunctioned.
"The host dispatched a maintenance man, who was unable to help," she states. "Finally they called a locksmith who tried 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 hoisted up a tool and pliers. With us levering the lock from the inside and the locksmith banging it from the outside, we finally managed to remove it. It turned out loose screws had blocked the mechanism. By then it was almost 4pm."
We would have been at serious risk if there had been an emergency while we were trapped, yet the host blamed us for using the lock
Pocock asked for a complete reimbursement to compensate her ruined trip and the anxiety. The booking platform said this was at the discretion of the host. The host not only declined, 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 reserved for £70 when, upon attempting to check in, he found the key safe empty. The owners told him they were abroad and could not help and advised him to locate alternative accommodation for the night. He spent an extra £123 on a hotel room and has spent the following four months trying in vain to get this refunded.
"The platform has basically said that as the owner won't reply 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 frustration is that the property in question is continues being listed on the platform."
The platform reimbursed both customers after intervention. The company confirmed the host who had left Philip out of his rental had not responded to its inquiries. When asked why unscrupulous accommodation providers were not removed, it said customers should read guest feedback to ensure a property was "the right fit."
Rating Processes
Ratings do not always tell the complete picture. A previous investigation highlighted that one platform's standard setup was displaying 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 scam or not available.
The platform countered that customers could readily organize reviews by the newest 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 follow its terms and conditions and ensure that availability was up to date.
Legal Grey Area
The problem 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 promise to help find other accommodation in an crisis, but getting payment for a interrupted stay is a tougher struggle. Both typically rely on the owner to do what's fair.
The sector needs more regulation, according to consumer advocates. "Because online platforms essentially police themselves, the only course of action if the dispute isn't resolved is lawsuits," 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 add: "One might claim that the online marketplace failed to look into your complaint thoroughly and try to pursue them, but this is a grey area. Both companies are registered overseas and have significant financial resources."
Regulatory bodies say new consumer protection legislation requires online platforms to "exercise professional diligence" in relation to consumer purchases advertised or made on their platforms.
A representative says: "Authorities are on the side of consumers and we have brought into force strict new financial penalties for violations of consumer law to safeguard people's funds."
They continued: "Businesses selling services to domestic consumers must comply with local law, and we have bolstered regulatory authorities' powers to make sure they face severe penalties if they do not."