Air BnB won’t refund

[Claire1634]

On Tuesday 20 July, 2021, the Victorian Government announced state-wide restrictions that were to be in place before, and extend beyond, the dates that I had booked this particular Air BnB. When I initially booked this Air BnB, there were no restrictions in place. As the restrictions affect both myself as a guest and the host of this Air BnB, and are outside of the control of both parties, the contract is now frustrated and a refund is required. The host legally cannot facilitate me as a guest, and I legally cannot travel outside of my 5 KM zone, making it impossible to travel to the Mornington Penninsula. As the host cannot fulfill their service to any degree, a full refund is needed. As it is illegal for the host to have any guests at their property on the weekend I had booked, they are currently making a 150 % profit from this cancellation. I attempted to contact the host to ask if I could reschedule, to which they replied no, they would not. 

I then escalated the matter to Air BnB, who informed me it was out of their control and the host had to make the final decision. The host obviously said NO to a refund. Air BnB came back to me and said they were sorry, there was nothing they can do. 

I have no hesitation in taking this to a civil tribunal. The host legally could not have anyone at the property on the date I had booked, not even people from interstate of overseas. 

Has anyone else experienced this very greedy and frustrating matter? I am shocked they won’t even let me reschedule!!! 

[Mike-And-Jane0]

@Claire1634 If it is illegal for the host to entertain ANY stay then it is madness that Airbnb are not forcing a refund. Assuming your laws are similar to English law you will have a very good case in court.

If however the host could host but it is you prevented from travelling then the case appears much weaker.

[Claire1634]

Yes it is very frustrating. The problem is air BnB are not releasing her details to me so I cannot send a formal letter to her, or even a formal email. The host has stopped replying to my air BnB messages. I am wondering how I get in contact with her to say I want to take it to small claims court. 

[Claire1634]

Yep, 100 % illegal for them to host, which i have detailed in writing in a government document, sent to Air BnB. They keep drawing attention to their “covid 19 policy” and that it is no longer considered an unforeseen issue and thus an “extenuating circumstance”. When the restrictions came in I contacted the host to ask her to cancel, as it was illegal for her to host my party of 15. She replied no, and that I needed to cancel. This was obviously to cover herself under he cancellation policy. She’s putting the blame on air BnB, and air BnB are putting the blame on her. 

[Mike-And-Jane0]

@Stephanie I wonder why Airbnb are encouraging hosts to break the law. Surely when @Claire1634 takes Airbnb to court the publicity will be awful and Airbnb will have to cover the court costs.

[Helen427]

Hello @Claire1634 in Flemington,  Victoria which is one of my favourite holiday spots with many fond memories from across the ocean in Auckland New Zealand.

Rather than cancel and get into a spat with the Host, reach out again and ask to make an

"Alteration" of dates, subject to negotiation to dates that may suit you both.

Both parties have previously made an agreement that would have gone ahead however it's been upended due to Gvt imposed restrictions so it's neither yours or the Hosts fault.

Have a scan using related Keywords here in CC how others have successfully come to agreements in such circumstances.

No one needs added distresses in their lives at the best of times.

May we have some sanity back in our lives sooner rather than later for the betterment of all.

Central To All Home & Location, Remuera, Auckland