Vacation Nightmares: Tourists Battle for Compensation as Bookings Go Wrong
One century-old oak tree crashed down on the first day of a vacation. Moments after James and his partner Andrew had finished breakfasting on the terrace, the massive tree smashed their table and chairs and crushed their rental car's windscreen.
The rental cottage in Provence, France was engulfed by branches that broke the living room window and damaged the roof. "I was convinced the ceiling would cave in," James remembers. "If it had fallen moments earlier, we could have been critically hurt or fatally wounded."
If it had fallen moments earlier we would have been seriously injured or fatally wounded
Emergency repairs took a full day after the host winched the tree off the property, but the shaken couple worried the building might be structurally unsound and decided to book a hotel for the rest of their week-long stay.
The booking platform remained unperturbed. "We understand this may have created some disruption," wrote the first of many identical automated messages before closing the unresolved case with a cheerful "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 focus on the anxiety and distress rather than cherishing a special memory."
Peak Season Vacation Problems Surface
With the peak travel period has ended, numerous holiday horror stories are coming to light.
Unfortunate travelers report being locked in or locked out their accommodation – when it existed – or left stranded at night in strange cities when it wasn't. Accounts include dirty bedrooms, unsafe equipment and illegal sublets. One common factor unites these ruined holidays: they were booked through digital reservation services that refused refunds.
The expansion of booking websites has led to a increase in travelers arranging their own holidays. These companies display global property listings on their websites and guarantee to satisfy wanderlust on a limited funds.
Consumer protections, however, have not kept pace with their widespread use.
Regulatory Gaps
All-inclusive customers have legal recourse for holiday disasters under travel protection regulations, but those who reserve accommodation through third-party platforms find themselves reliant on their host's cooperation.
Some platforms promote additional protections, but your contract is with the person or company providing the accommodation.
James and Andrew had spent £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 notification about whether they are liable for the broken rental car. Despite the platform's protection pledge to reimburse customers for major issues, the company declared it was up to the host to approve 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 announced the case had continued long enough and summarily closed 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 beautiful story."
The platform finally issued a complete reimbursement along with a £500 voucher after questions were raised about its 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 left trapped 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 states. "They eventually called a locksmith who attempted for multiple hours to fix the lock from the outside. He had to purchase a rope, which he threw up to our window and we lifted 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 almost 4pm."
We would have been at serious risk 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 compensate her ruined trip and the anxiety. The booking platform said this was at the decision of the host. The host not only declined, but withheld her €250 deposit to cover the new lock. The deposit was eventually returned by the platform but Pocock felt she was due the €446 rental cost.
Another platform customer, Philip, was locked out the London flat he booked for £70 when, upon attempting to check in, he found the key safe empty. The owners informed him they were overseas and could not help and advised him to find alternative accommodation 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 responsibility. The additional disappointment is that the property in question is still being advertised on the platform."
The platform reimbursed both customers after involvement. The company verified the host who had left Philip out of his rental had failed to its questions. When asked why dishonest accommodation providers were not delisted, it said customers should read guest feedback to ensure a property was "suitable for them."
Rating Processes
Ratings do not always tell the whole story. A previous investigation highlighted that one platform's standard setup was displaying reviews it considered "important." This means that it is easy for users to miss a recent deluge of reviews cautioning that a listing is a fraud or not available.
The platform countered that customers could readily sort 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 answered that it relied on hosts to follow its terms and conditions and ensure that booking information was up to date.
Legal Grey Area
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 commit 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 protection experts. "Since online platforms essentially self-regulate, 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 court proceedings in their country."
They add: "One might claim that the online marketplace failed to investigate your complaint properly and try to sue them, but this is a legal uncertainty. Both firms are based abroad and have deep pockets."
Regulatory bodies say new consumer protection legislation requires online platforms to "exercise professional diligence" in relation to consumer transactions promoted or made on their platforms.
A spokesperson says: "Authorities 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 continued: "Companies selling services to local consumers must follow national law, and we have strengthened oversight authorities' powers to make sure they face severe penalties if they do not."