Holiday Horrors: Travelers Battle for Compensation as Reservations Turn Sour
A century-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 shattered the living room window and damaged the roof. "I was certain the ceiling would collapse," James recalls. "Had it fallen moments earlier, we could have been seriously injured or killed."
Had it fallen moments earlier we would have been seriously injured or killed
Emergency repairs took a full day after the host hauled the tree off the property, but the shaken couple worried the building might be unsafe and decided to reserve a hotel for the rest 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 closing the pending case with a cheerful "Stay safe. Stay healthy."
The host displayed little concern. "All that happened was you heard a loud noise and saw a tree resting on the terrace," she responded to the couple's refund request. "You have chosen to remember the worry and distress rather than cherishing a unique memory."
Peak Season Travel Problems Emerge
With the summer season has ended, numerous holiday horror stories are emerging.
Unlucky travelers report being trapped inside or locked out their accommodation – if it was real – or abandoned at night in unfamiliar cities when it wasn't. Stories include dirty bedrooms, dangerous equipment and unauthorized sublets. One common factor 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 display worldwide property portfolios on their platforms and promise to satisfy wanderlust on a budget.
Consumer protections, though, have not kept pace with their popularity.
Legal Gaps
Package-deal customers have legal recourse 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 additional protections, but your agreement is with the person or company providing the accommodation.
James and Andrew had paid £931 for their week in the Provençal cottage and when they felt too unsafe to return, found themselves paying double the amount for a hotel. They have yet to receive information about whether they are liable for the broken rental car. Despite the platform's protection pledge to refund customers for serious problems, the company stated 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 announced the case had dragged on 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 proposed that instead the couple commemorate their survival and "turn the event into a beautiful story."
The platform eventually issued a complete reimbursement 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 sent a repair person, who was unable to help," she states. "They eventually called a locksmith who attempted for several hours to fix 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 banging it from the outside, we eventually managed to remove it. It was discovered loose screws had jammed the mechanism. By then it was nearly 4pm."
We would have been at serious risk if there had been an crisis while we were locked in, yet the host faulted us for using the lock
Pocock asked for a full refund to make up for her spoiled trip and the anxiety. The booking platform said this was at the decision of the host. The host not only refused, but kept her €250 deposit to cover the new 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 attempting to check in, he found the key safe empty. The owners told him they were abroad and could not help and suggested him to locate alternative accommodation for the night. He paid an extra £123 on a hotel room and has spent the intervening four months trying in vain to get this reimbursed.
"The platform has basically said that as the owner won't reply to them there's nothing they can do," he states. "I can't comprehend how a business can operate this way with no responsibility. The additional frustration 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 failed to its inquiries. When asked why unscrupulous accommodation providers were not delisted, it said customers should review guest feedback to ensure a property was "the right fit."
Rating Processes
Reviews do not always reveal the complete picture. A recent consumer report highlighted that one platform's standard setup was displaying reviews it considered "important." This means that it is easy for users to miss a recent flood 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 lowest score so as to make their own choice on a property.
The same report claimed that listings that had been repeatedly reported as scams were not taken down. The platform responded that it depended on hosts to follow its terms and conditions and ensure that booking information was up to date.
Legal Grey Area
The problem for travelers who do not get what they expected is that their legal agreement is with the accommodation provider not the booking platform.
Major platforms commit to help find other accommodation in an emergency, but getting payment for a interrupted stay is a tougher battle. Both typically rely on the owner to do the right thing.
The sector needs greater regulation, according to consumer protection experts. "Since online platforms essentially self-regulate, the only course of action if the dispute continues is legal action," 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: "You could argue that the online marketplace didn't manage to investigate your complaint thoroughly and try to pursue them, but this is a legal uncertainty. Both companies are registered overseas and have deep pockets."
Regulatory bodies say new customer safety legislation requires online platforms to "demonstrate professional diligence" in relation to consumer transactions promoted or made on their platforms.
A representative 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 money."
They added: "Companies 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."