Cancellation due to travel restriction

[Pip146]

Hi there - I am taking bookings for August and September.   We live on an island off the coast of the UK which has had some local travel restrictions to and from it during lockdown. 

If travel restrictions to the island were once again put in place due to a localised spike in Covid, would guests be entitled to a full refund under the extenuating circumstances policy? 

[Helen3]

Yes.If they booked before the lock down announcement was made. @Pip146 

[Mike-And-Jane0]

@Pip146 Under English law (which I believe covers Wales) they would whether they booked pre or post March 14th (ie the day the pandemic was announced). Google the Law on Frustrated Contracts if you want more info.

[Helen3]

Sorry that's not correct @Mike-And-Jane0  that was only for the initial outbreak and lockdown being introduced..

For localised outbreaks it is about when  our governments announced  local outbreaks such as in Leicester and Slough.

Wales is not covered by English law as Wales has had it's own government since 1999;  they have their own regulations and legislation relating to Covid.and a separate NHS.

[Anonymous]

@Pip146 

Reservations for stays and Airbnb Experiences made after March 14, 2020 will not be covered under our extenuating circumstances policy, except where the guest or host is currently sick with COVID-19. COVID-19 related circumstances not covered include: transportation disruptions and cancellations; travel advisories and restrictions; health advisories and quarantines; changes to applicable law; and other government mandates—like evacuation orders, border closures, prohibitions on short-term rentals, and shelter-in-place requirements. The host’s cancellation policy will apply as usual.

That's the Covid-specific language of the current Extenuating Circumstances policy. But it doesn't necessarily mean Airbnb won't grant a full refund anyway.

At this point, any guest booking anywhere is knowingly doing so at the risk that their plans will be thwarted by lockdowns and restrictions. But in practice, they still tend to assume that they're entitled to full refunds, and Airbnb is known to be inconsistent on this. You might have to choose a cancellation policy that fits the amount of hassle you're able to stomach here. 

[Pip146]

yes thanks I read that.  the booking was only made recently so well after march 14th.  However if they check people on the bridge to the island (which did happen at times during lockdown) then the circumstances are well beyond the control of the guest!!  

Re cancellation policy, I have chosen strict. However it seems unfair that airbnb would not refund 100% in a situation such as this.  However I do not seem to be able to find anything concrete on this. 

[Anonymous]

@Pip146  You are, of course, free to grant a full refund of the rental fees on a case-by-case basis, but I'd expect that Airbnb would still withhold the substantial service fee paid by the guest. 

@Mike-And-Jane0 If it came down to it in court, a country's trade laws would generally supersede any Airbnb policy, but in practice I'm not aware of them localizing the cancellation policy to this extent. Has it been your experience that Airbnb references the frustrated-contract law when handling UK cancellations?

[Mike-And-Jane0]

@Anonymous For whatever reason Airbnb don't seem to be saying its a legal requirement to refund people. I suspect that they prefer to make the guests think they are being taken care of out of the kindness of Airbnb's heart rather than because they have to. It's a shame really as many hosts would, I believe, be happier if they new it was a legal requirement to refund rather than just thinking Airbnb was stiffing them. It would also save those hosts going to arbitration a lot of money as they will definitely lose where they are claiming for stays cancelled during lockdown. 

The situation post lockdown, where hosting is allowed, is less clear - Airbnb are continuing to let guests cancel for stays to end August now. I think hosts would have a valid claim against them here in many cases.

[Mike-And-Jane0]

@Helen9 With respect the Frustrated Contracts English law has not been devolved and still covers Wales. In fact similar laws still prevail in most of the Commonwealth.

@Anonymous Whilst you are, as usual, entirely correct with respect to Airbnb's EC language the laws of England (and Wales) still exist and will allow a full refund for guests if it is impossible to fulfil a contract due to a local lockdown.

[Pip146]

ok thank you.  Andrew, You seem fairly certain of this.  Do you have a link to where this information is available? 

[Pip146]

ok thank you. @Anonymous you seem fairly certain of this full refund.  Do you have a link to where this information is available? 

[Anonymous]

https://www.airbnb.com/help/article/2701/extenuating-circumstances-policy-and-the-coronavirus-covid1...

[Wladyslaw0]

The changes announced today mean that the UK has some of the freest borders in all of Europe and the most open economy and society. The simplification of travel rules takes place shortly before the holidays, which is good news for families wishing to travel abroad during the holidays and an additional incentive for the tourism industry. Now, as far as I know, the restrictions have decreased due to the situation's improvement and the decrease in the number of cases. And if earlier in the trains https://www.dbfahrplan.com/de/ it was necessary to wear a mask, but now you can do without it.