Holiday Nightmares: Travelers Struggle for Compensation as Bookings Turn Sour
One century-old oak tree crashed down on the initial day of a holiday. Minutes after James and his partner Andrew had finished eating breakfast 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 convinced the ceiling would cave in," James recalls. "Had it fallen moments earlier, we could have been seriously injured or fatally wounded."
If it had come down moments earlier we would have been critically hurt or fatally wounded
Urgent repairs took 24 hours after the host hauled the tree off the property, but the shaken couple feared the building might be unsafe and chose to book 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 concluding the unresolved case with a upbeat "Stay safe. Be well."
The host displayed 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 remember the anxiety and distress instead of cherishing a special memory."
Summer Travel Problems Surface
With the peak travel period has ended, numerous holiday horror stories are coming to light.
Unlucky travelers report being trapped inside or locked out their accommodation – if it was real – or abandoned at night in strange cities when it wasn't. Accounts include dirty bedrooms, dangerous equipment and unauthorized sublets. One common factor unites these ruined holidays: they were booked through online booking platforms that refused refunds.
The growth of booking websites has led to a rise in travelers arranging their own holidays. These platforms display worldwide property portfolios on their platforms and promise to fulfill travel dreams on a budget.
Customer safeguards, though, have not caught up with their popularity.
Regulatory 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 extra protections, but your contract is with the person or company offering the accommodation.
James and Andrew had spent £931 for their week in the French cottage and when they felt sufficiently endangered to return, ended up paying twice that 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 serious problems, the company declared it was up to the host to agree a refund; the host insisted the decision was the platform's.
After 10 weeks of similar automated messages in response to James's complaint, the platform announced 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 proposed that instead the couple commemorate their survival and "transform the event into a beautiful story."
The platform finally 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 reserve a flat for a two-night stay in Barcelona. She and her daughter were left trapped the property for most of their only full day in the city after a safety lock on the front door malfunctioned.
"The host dispatched a maintenance man, who was unable to help," she says. "Finally they sent a locksmith who attempted for multiple 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 tools. With us prying 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 grave danger if there had been an crisis while we were locked in, yet the host faulted us for using the lock
Pocock requested a complete reimbursement to make up for her spoiled trip and the anxiety. The booking platform indicated this was at the decision of the host. The host not only refused, but withheld her €250 deposit to pay for the replacement lock. The deposit was eventually 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 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 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 accountability. The extra frustration is that the property in question is continues being advertised on the platform."
The platform refunded both customers after intervention. The company verified the host who had left Philip out of his rental had not responded to its questions. When asked why unscrupulous accommodation providers were not removed, it said customers should review guest feedback to ensure a property was "suitable for them."
Review Processes
Reviews do not always tell the complete picture. A recent investigation highlighted that one platform's standard setup was showing reviews it considered "relevant." This means that it is easy for users to miss a current flood of reviews warning that a listing is a scam or not available.
The platform responded that customers could easily organize 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 repeatedly reported as scams were not removed. The platform responded that it relied on hosts to abide by its rules and ensure that booking information was current.
Legal Grey Area
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 promise to help find other accommodation in an emergency, but getting compensation for a interrupted stay is a more difficult battle. Both typically rely on the owner to do the right thing.
The industry needs more regulation, according to consumer advocates. "Since online platforms essentially police themselves, the only course of action if the dispute isn't resolved is lawsuits," analysts say. "But who against? As the contract is between you and the host you'd have to take legal action in their country."
They continue: "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 based overseas and have deep pockets."
Government authorities say new customer safety legislation requires online platforms to "exercise professional diligence" in relation to consumer transactions promoted or made on their platforms.
A spokesperson states: "Authorities are on the side of consumers and we have implemented tough new fines for violations of consumer law to safeguard people's money."
They added: "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."