Vacation Nightmares: Travelers Struggle for Compensation as Bookings Go Wrong
One 100-year-old oak tree crashed down on the first day of a vacation. Moments after James and his partner Andrew had finished eating breakfast 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 engulfed by branches that shattered 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."
Had it come down moments earlier we would have been critically hurt or fatally wounded
Urgent repairs took a full day after the host winched the tree off the property, but the traumatized couple worried the building might be unsafe and decided to reserve a hotel for the rest of their week-long stay.
The booking platform remained unperturbed. "We understand this may have created some inconvenience," wrote the first of many similar automated messages before closing the pending case with a upbeat "Stay safe. Be well."
The host also showed little concern. "The only incident was you experienced a loud sound and observed a tree lying 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 unique memory."
Peak Season Travel Issues Surface
With the summer season has ended, countless travel nightmare accounts are coming to light.
Unlucky travelers report being trapped inside or unable to enter their accommodation – when it existed – or left stranded at night in strange cities when it wasn't. Accounts include dirty bedrooms, dangerous equipment and unauthorized sublets. One common factor connects these ruined holidays: they were booked through digital reservation services that declined refunds.
The growth of booking websites has led to a increase in travelers arranging their own holidays. These companies showcase worldwide property listings on their websites and guarantee to fulfill travel dreams on a budget.
Customer safeguards, however, have not caught up with their popularity.
Legal Loopholes
All-inclusive customers have legal recourse for holiday nightmares under consumer travel regulations, but those who reserve accommodation through online booking services find themselves reliant on their host's cooperation.
Some platforms advertise additional protections, but your contract is with the person or company providing the accommodation.
James and Andrew had paid £931 for their week in the French cottage and when they felt too unsafe to return, found themselves spending double the amount for a hotel. They still await information about whether they are responsible for the broken rental car. Despite the platform's guarantee program to reimburse customers for major issues, the company declared it was up to the host to agree a refund; the host insisted 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 abruptly ended it. The host concluded 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 finally issued a complete reimbursement along with a £500 voucher after questions were raised about its health and safety policies.
Trapped
Kim Pocock used a booking platform to book a flat for a weekend stay in Barcelona. She and her daughter were stuck inside the property for the majority 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. "Finally they called a locksmith who tried 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 finally managed to extract it. It turned out unfastened bolts had jammed the mechanism. By then it was nearly 4pm."
We would have been at grave danger if there had been an emergency while we were locked in, yet the host blamed us for using the lock
Pocock asked for a complete reimbursement to make up for her spoiled trip and the stress. The booking platform indicated this was at the decision of the host. The host not only declined, but kept 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 trapped outside the London flat he reserved for £70 when, upon trying to check in, he found the lockbox empty. The owners told him they were overseas and could not help and advised him to find alternative accommodation for the night. He paid an extra £123 on a hotel room and has spent the intervening four months attempting 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 says. "I can't comprehend how a business can operate this way with no responsibility. The additional frustration is that the property in question is still being advertised on the platform."
The platform refunded 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 unscrupulous accommodation providers were not delisted, it said customers should read guest feedback to ensure a property was "the right fit."
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 simple for users to overlook a current flood of reviews cautioning that a listing is a fraud or not available.
The platform countered that customers could easily sort reviews by the most recent or lowest score so as to make their own choice on a property.
The same report stated that listings that had been repeatedly reported as scams were not removed. The platform responded that it depended on hosts to abide by its terms and conditions 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 rather than the booking platform.
Major platforms promise to help find alternative accommodation in an emergency, but getting compensation for a disrupted stay is a tougher battle. Both typically rely on the owner to do the right thing.
The sector needs greater regulation, according to consumer advocates. "Since online platforms effectively self-regulate, the only option if the dispute continues is lawsuits," analysts say. "But against whom? 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 look into your complaint properly and try to sue them, but this is a legal uncertainty. Both companies are registered abroad and have significant financial resources."
Government authorities say new consumer protection legislation requires online platforms to "demonstrate 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 implemented tough new fines for violations of consumer law to protect people's funds."
They continued: "Businesses selling services to domestic consumers must follow local law, and we have strengthened oversight authorities' powers to make sure they face substantial penalties if they do not."