Holiday Nightmares: Travelers Battle for Compensation as Bookings Turn Sour
One 100-year-old oak tree crashed down on the initial 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 engulfed by branches that shattered the living room window and harmed the roof. "I was certain the ceiling would collapse," James remembers. "If it had fallen minutes earlier, we could have been seriously injured or killed."
If it had fallen minutes earlier we would have been critically hurt or killed
Emergency repairs took 24 hours after the host hauled the tree off the property, but the traumatized couple feared the building might be unsafe and chose to reserve a hotel for the rest of their week-long stay.
The booking platform remained unperturbed. "We recognize this may have created some disruption," stated the first of many similar automated messages before closing the pending case with a cheerful "Keep safe. Stay healthy."
The host also showed little concern. "All that happened was you heard a loud noise and saw a tree lying on the terrace," she responded to the couple's refund request. "You have chosen to remember the anxiety and distress instead of cherishing a unique memory."
Summer Vacation Problems Emerge
Now that the peak travel period has concluded, numerous holiday horror stories are coming to light.
Unfortunate travelers report being trapped inside or locked out their accommodation – when it existed – or abandoned at night in strange cities when it wasn't. Stories include filthy bedrooms, unsafe equipment and illegal sublets. One common factor unites these spoiled holidays: they were booked through digital reservation services that declined refunds.
The expansion of rental platforms has prompted a increase in travelers arranging their own holidays. These companies showcase worldwide property portfolios on their platforms and guarantee to satisfy wanderlust on a budget.
Consumer protections, though, have not caught up with their popularity.
Regulatory Loopholes
Package-deal customers have legal options for holiday disasters under consumer travel regulations, but those who book accommodation through third-party platforms find themselves reliant on their host's cooperation.
Some platforms advertise additional protections, but your contract is with the individual or business providing 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 spending double the amount for a hotel. They still await notification about whether they are responsible for the broken rental car. Despite the platform's protection pledge to refund customers for major issues, the company stated it was up to the host to agree a refund; the host claimed 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 continued long enough and abruptly ended it. The host concluded 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 "transform the event into a beautiful story."
The platform eventually issued a full refund 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 two-night stay in Barcelona. She and her daughter were left trapped 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 repair person, who was unable to help," she states. "They eventually sent a locksmith who tried for several hours to fix the lock from the outside. He had to buy a rope, which he threw up to our window and we lifted up a tool and pliers. With us levering the lock from the inside and the locksmith hammering it from the outside, we eventually managed to extract it. It was discovered loose screws had blocked the mechanism. By then it was nearly 4pm."
We would have been at serious risk if there had been an emergency while we were trapped, yet the host faulted us for using the lock
Pocock requested a full refund 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 kept her €250 deposit to cover the replacement 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 reserved for £70 when, upon attempting to check in, he found the lockbox empty. The owners informed him they were abroad 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 following four months trying in vain to get this refunded.
"The platform has essentially said that as the owner won't reply to them there's nothing they can do," he says. "I don't understand how a business can function this way with no responsibility. The additional disappointment is that the property in question is continues being advertised on the platform."
The platform reimbursed both customers after intervention. The company confirmed the host who had locked Philip out of his rental had not responded 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."
Review Systems
Reviews do not always reveal the complete picture. A recent investigation highlighted that one platform's standard setup was displaying reviews it considered "relevant." This means that it is easy for users to miss a recent deluge of reviews warning that a listing is a scam or not available.
The platform countered that customers could readily sort reviews by the newest 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 follow its rules and ensure that booking information was current.
Legal Uncertainty
The issue for travelers who do not get what they expected is that their legal agreement is with the accommodation provider rather than the booking platform.
Major platforms promise to help find other accommodation in an emergency, but getting compensation for a disrupted stay is a tougher struggle. Both typically rely on the owner to do the right thing.
The industry needs greater regulation, according to consumer protection experts. "Because online platforms effectively police themselves, 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: "One might claim that the online marketplace failed to investigate your complaint thoroughly and try to pursue them, but this is a grey area. Both firms are registered overseas and have deep pockets."
Government authorities say new consumer protection legislation requires online platforms to "exercise professional diligence" in relation to consumer purchases advertised or made on their platforms.
A spokesperson states: "Government agencies are on the side of consumers and we have implemented tough new financial penalties for breaches of consumer law to protect people's funds."
They added: "Companies selling services to local consumers must comply with local law, and we have bolstered regulatory authorities' powers to make sure they face substantial penalties if they do not."