Vacation Horrors: Tourists Struggle for Compensation as Bookings Go Wrong
One 100-year-old oak tree crashed down on the first day of a holiday. Minutes after James and his partner Andrew had finished breakfasting on the terrace, the massive 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 collapse," James remembers. "If it had fallen moments earlier, we could have been critically hurt or fatally wounded."
If it had come down minutes 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 traumatized couple worried the building might be structurally unsound and chose to book 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 unresolved case with a cheerful "Stay safe. Be well."
The host displayed little concern. "All that happened was you heard a loud noise and observed a tree lying on the terrace," she replied to the couple's refund request. "You decided to remember the anxiety and trauma instead of cherishing a special memory."
Peak Season Travel Issues Surface
With the summer season has ended, numerous holiday horror stories are coming to light.
Unfortunate travelers report being trapped inside or unable to enter their accommodation – when it existed – or abandoned at night in unfamiliar cities when it wasn't. Accounts include filthy bedrooms, dangerous equipment and unauthorized sublets. One shared element connects these ruined holidays: they were booked through online booking platforms that declined refunds.
The expansion of booking websites has prompted a rise in travelers organizing their own holidays. These platforms showcase worldwide property listings on their websites and promise to fulfill wanderlust on a limited funds.
Consumer protections, however, have not kept pace with their widespread use.
Legal Loopholes
Package-deal customers have legal options for holiday nightmares under travel protection regulations, but those who book accommodation through third-party platforms find themselves reliant on their host's willingness to help.
Some platforms promote additional protections, but your contract is with the person or company offering the accommodation.
James and Andrew had paid £931 for their week in the French cottage and when they felt too unsafe to return, ended up paying double the amount 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 refund customers for major issues, the company declared it was up to the host to approve a refund; the host insisted the decision was the platform's.
After 10 weeks of identical automated messages in response to James's complaint, the platform announced 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 "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 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 security lock on the front door malfunctioned.
"The host sent a maintenance man, who was could not to help," she states. "Finally they called a locksmith who attempted for several hours to access the lock from the outside. He had to purchase a rope, which he threw 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 eventually managed to remove it. It was discovered unfastened bolts 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 locked in, yet the host faulted us for using the lock
Pocock asked for a full refund to compensate her ruined 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 trapped outside the London flat he booked for £70 when, upon trying to check in, he found the key safe empty. The owners informed 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 intervening four months trying unsuccessfully to get this refunded.
"The platform has basically said that as the owner isn't responding to them there's little they can do," he says. "I don't understand how a business can operate this way with no responsibility. The extra disappointment is that the property in question is still being listed on the platform."
The platform reimbursed both customers after intervention. The company verified the host who had locked Philip out of his rental had not responded to its inquiries. When asked why dishonest accommodation providers were not delisted, it said customers should review guest feedback to ensure a property was "suitable for them."
Review Processes
Ratings do not always tell the complete picture. A recent consumer report highlighted that one platform's default system 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 countered that customers could readily organize reviews by the most recent or lowest score so as to make their own decision 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 relied on hosts to abide by its terms and conditions and ensure that availability was up to date.
Regulatory Uncertainty
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 alternative accommodation in an crisis, but getting payment for a disrupted stay is a more difficult struggle. Both typically rely on the owner to do the right thing.
The sector needs greater regulation, according to consumer protection experts. "Because online platforms essentially police themselves, the only course of action if the dispute continues is legal action," 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 sue them, but this is a grey area. Both firms are registered overseas and have deep pockets."
Government authorities say new customer safety legislation requires online platforms to "exercise professional diligence" in relation to consumer transactions advertised or made on their platforms.
A representative states: "Government agencies are on the side of consumers and we have brought into force tough new financial penalties for breaches of consumer law to protect people's funds."
They continued: "Businesses selling services to domestic consumers must follow national law, and we have strengthened oversight authorities' powers to make sure they face severe penalties if they do not."