Vacation Nightmares: Tourists Battle for Compensation as Bookings Turn Sour
One 100-year-old oak tree toppled over on the initial day of a holiday. 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 vacation home in Provence, France was engulfed by branches that broke the living room window and damaged the roof. "I was certain the ceiling would collapse," James recalls. "If it had fallen minutes earlier, we could have been seriously injured or killed."
If it had come down moments earlier we would have been seriously injured or killed
Urgent repairs took 24 hours after the host winched the tree off the property, but the shaken couple worried the building might be unsafe and chose 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 inconvenience," stated the first of many identical automated messages before concluding the pending case with a upbeat "Stay safe. Stay healthy."
The host also showed little concern. "All that happened was you experienced a loud sound and observed a tree resting on the terrace," she replied to the couple's refund request. "You have chosen to remember the worry and distress rather than celebrating a unique memory."
Summer Travel Problems Emerge
With the peak travel period has ended, numerous travel nightmare accounts are coming to light.
Unlucky travelers report being locked in or unable to enter their accommodation – when it existed – or left stranded at night in strange cities when it did not. Stories include filthy bedrooms, unsafe equipment and illegal sublets. One common factor connects these spoiled holidays: they were reserved through digital reservation services that refused refunds.
The expansion of rental platforms has prompted a rise in travelers arranging their own holidays. These companies showcase worldwide property listings on their websites and guarantee to satisfy wanderlust on a budget.
Consumer protections, however, have not caught up with their widespread use.
Legal Loopholes
Package-deal customers have legal options for holiday nightmares under consumer travel regulations, but those who book 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 offering the accommodation.
James and Andrew had paid £931 for their week in the French cottage and when they felt sufficiently endangered 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 protection pledge to reimburse customers for serious problems, the company stated 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 declared the case had dragged on long enough and summarily closed it. The host decided that since repairs had cost her €5,000 (£4,350), she would not be providing 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 complete reimbursement along with a £500 voucher after questions were raised about its health and safety policies.
Locked In
Kim Pocock used a booking platform to book a flat for a two-night stay in Barcelona. She and her daughter were stuck inside the property for most of their single full day in the city after a security lock on the front door malfunctioned.
"The host dispatched a maintenance man, who was could not to help," she states. "They eventually 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 tools. With us levering the lock from the inside and the locksmith banging it from the outside, we finally managed to extract 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 blamed 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 discretion 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 owed 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 key safe empty. The owners informed him they were overseas and could not help and advised him to locate somewhere else for the night. He paid an extra £123 on a hotel room and has spent the following four months attempting unsuccessfully 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 extra frustration is that the property in question is continues being listed 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 questions. When asked why dishonest accommodation providers were not removed, it said customers should read guest feedback to ensure a property was "suitable for them."
Review Processes
Ratings do not always tell the whole story. A recent consumer report highlighted that one platform's standard setup was showing reviews it considered "relevant." This means that it is simple for users to miss a recent flood of reviews cautioning that a listing is a scam or not available.
The platform countered that customers could easily 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 multiple times reported as scams were not taken down. The platform responded that it depended on hosts to abide by its terms and conditions and ensure that availability was up to date.
Legal Uncertainty
The issue 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 compensation for a disrupted stay is a tougher struggle. Both typically rely on the owner to do what's fair.
The sector needs greater regulation, according to consumer advocates. "Because online platforms effectively police themselves, 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 court proceedings in their country."
They add: "You could argue that the online marketplace didn't manage to look into your complaint thoroughly and try to sue them, but this is a grey area. Both companies are registered abroad and have deep pockets."
Regulatory bodies say new consumer protection legislation requires online platforms to "exercise professional diligence" in relation to consumer purchases promoted or made on their platforms.
A representative states: "Authorities are on the side of consumers and we have implemented strict new financial penalties for breaches of consumer law to safeguard people's funds."
They continued: "Companies selling services to domestic consumers must comply with national law, and we have bolstered regulatory authorities' powers to make sure they face substantial penalties if they do not."