Vacation Nightmares: Travelers Struggle for Compensation as Reservations Turn Sour
One 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 harmed the roof. "I was convinced the ceiling would cave in," James recalls. "If it had fallen minutes 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 a full day after the host hauled the tree off the property, but the shaken couple worried the building might be structurally unsound and decided to reserve a hotel for the rest of their week-long stay.
The booking platform showed little concern. "We understand this may have caused some disruption," stated the first of many similar automated messages before closing the unresolved case with a cheerful "Keep 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 replied to the couple's refund request. "You have chosen to focus on the worry and distress instead of celebrating a special memory."
Peak Season Travel Issues Emerge
With the peak travel period has ended, numerous holiday horror stories are emerging.
Unfortunate travelers report being trapped inside or unable to enter their rental – if it was real – or abandoned at night in unfamiliar cities when it did not. Stories include dirty bedrooms, unsafe equipment and unauthorized sublets. One common factor connects these spoiled holidays: they were reserved through online booking platforms that declined refunds.
The expansion of rental platforms has prompted a rise in travelers organizing their own holidays. These companies showcase worldwide property listings on their websites and guarantee to satisfy wanderlust on a budget.
Customer safeguards, however, have not kept pace with their popularity.
Legal Loopholes
All-inclusive customers have legal recourse for holiday nightmares under consumer travel regulations, but those who reserve accommodation through third-party platforms find themselves reliant on their host's cooperation.
Some platforms promote additional protections, but your agreement is with the individual or company providing the accommodation.
James and Andrew had paid £931 for their week in the Provençal cottage and when they felt sufficiently endangered to return, found themselves spending double the amount for a hotel. They still await information about whether they are liable 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 approve a refund; the host claimed the determination 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 offering a refund either. She proposed that instead the couple commemorate their survival and "transform the event into a positive story."
The platform eventually issued a full refund along with a £500 voucher after inquiries were raised about its safety policies.
Locked In
Kim Pocock used a booking platform to reserve a flat for a weekend stay in Barcelona. She and her daughter were stuck inside the property for most of their only full day in the city after a safety lock on the front door failed.
"The host dispatched a maintenance man, who was unable to help," she says. "They eventually sent a locksmith who tried for several hours to access the lock from the outside. He had to buy a rope, which he tossed 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 turned out loose screws had jammed the mechanism. By then it was nearly 4pm."
We would have been at grave danger if there had been an crisis while we were trapped, yet the host faulted us for using the lock
Pocock requested a complete reimbursement to compensate her spoiled trip and the stress. The booking platform said this was at the decision of the host. The host not only refused, but withheld her €250 deposit to pay for the new lock. The deposit was finally returned by the platform but Pocock felt she was due the €446 rental cost.
Another platform customer, Philip, was trapped outside the London flat he booked for £70 when, upon trying to check in, he found the key safe empty. The owners told him they were overseas and could not help and advised him to locate somewhere else 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 isn't responding 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 extra disappointment is that the property in question is still being advertised on the platform."
The platform reimbursed both customers after involvement. The company confirmed the host who had left 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 "the right fit."
Rating Systems
Ratings do not always reveal the complete picture. A recent investigation highlighted that one platform's default system was showing reviews it considered "important." This means that it is easy for users to miss a recent deluge of reviews warning that a listing is a fraud or not available.
The platform responded that customers could readily 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 answered that it depended on hosts to abide by its rules and ensure that booking information was current.
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 promise to help find other accommodation in an crisis, but getting payment for a disrupted stay is a more difficult battle. Both typically rely on the owner to do what's fair.
The sector needs more regulation, according to consumer protection experts. "Since online platforms essentially self-regulate, the only course of action if the dispute isn't resolved is lawsuits," experts say. "But who against? As the contract is between you and the host you'd have to take court proceedings in their country."
They continue: "You could argue that the online marketplace failed to investigate your complaint properly and try to sue them, but this is a legal uncertainty. Both firms are registered abroad and have deep pockets."
Regulatory bodies say recent customer safety legislation requires online platforms to "exercise professional diligence" in relation to consumer purchases promoted or made on their platforms.
A representative states: "Government agencies are on the side of consumers and we have brought into force strict new financial penalties for violations of consumer law to protect people's funds."
They added: "Companies 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."