Refunding due to today's Government announcement

[Katherine637]

What is the general view on giving full refunds following today's new guidance?

If a house is booked for 8, and so now only 6 can travel and stay. Is it their responsibility to reduce the number of guests, or do I refund in full? (Cancellation policy is Strict) 

Anyone else struggling with this moral dilemma?

[Mike-And-Jane0]

@Katherine637 So I am sure this will not be agreed by all but I believe that the government law change frustrates the contract that you had with the guest and as such they have the right to cancel and get a refund. Google frustrated contracts and Edward VIII's non coronation to read the case law.

Who knows if Airbnb will accept this concept of English law but I suspect they will if they get bad publicity from guests.

[Ian-And-Anne-Marie0]

@Katherine637 

There's no moral dilemma.

If the Airbnb contract is post 14th March 2020 and your guests booked on that contract containing full Covid disclosure, as Airbnb state - Covid cannot be used as a justifiable reason for a free cancellation, subject to only one exclusion and that needs to be backed up by evidence.

If your guests are uncomfortable with the situation and they want to cancel then they can cancel but your cancellation fee should be paid in full.

If Airbnb support any cancellations under this recently issued guidance going against their own changes in their Guest/Host contract providing a full refund to guests, then those cancellations will be illegal and you would be able to claim for interference of contract, loss of income and damages.

Frankly, since even pre-March 14th contracts were illegally interfered with, even bookings made using that contract should be, and have previously been -  fully satisfied to the Hosts' benefit by law.

[Mike-And-Jane0]

@Katherine637 Covid may not be usable as an excuse but a law that prevents the guests from legally proceeding with their booking certainly is.

You only have to look at all the consumer reports to see if I am right or @Ian-And-Anne-Marie0  is right. Your best bet is to persuade Airbnb to refund the guests with a no-fault cancellation and then try to rebook to a smaller party.

[Ian-And-Anne-Marie0]

@Mike-And-Jane0  @Katherine637 

The law is invoked by Covid. There is NO OTHER REASON why the 8 person rule is to be put in place.

Before Hosts head off on some wild goose chase pursuing Airbnb to override the contract they have in place (their choice), first, hosts need to read the contract they have to discover that they are protected against cancellations of this nature and Airbnb need to apply their OWN policy written in the Guest/Host contract and apply THAT. 

If as you speculate the law is on the side of the guests, through some ancient outdated law then the guests clearly have a right to pursue a refund. Airbnb cannot act as a judge and jury on something which is beyond their control. They need to apply the contract law in place on the agreement of the contract.

Airbnb have no right to interfere with the contracts between Hosts and Guests.

[Mike-And-Jane0]

@Ian-And-Anne-Marie0 Contracts do not, and cannot, override the law. Oh and its not an ancient outdated law - As we do not have a constitution the interpretation of laws has evolved over time based on case law. Case law for frustrated contracts is pretty clear as is (or will be from Monday) the law of 6. Interestingly, if a guest doesn't cancel, the question I would ask is 'Is the host aiding and abetting breaking the law if they knowingly allow more than 6 to stay in their accommodation?

[Ian-And-Anne-Marie0]

@Mike-And-Jane0 @Katherine637 

Currently - even the lawmakers in the UK are breaking the law. Have you noticed that? You might like to report them, to themselves...

In the meantime, Airbnb are not in charge of any laws, only their T&C's. The contracts are between guests and hosts. We have loads of families visiting us, some with more than 8 members in their families and some of those need to stay at home. Sadly, as a host, I'm restricted by Airbnb  from enquiring about their home addresses or collecting their details, or verifying their identity by ID card. And I would be the last person to allege that my guests are liars in any way. Their "attestation" that they are a single family is all that I might ever have to work on. That makes me very sad.

I have been insisting for a very long time that Airbnb make it mandatory to use their "add to itinerary" tool for all bookings. That insistence falls on DEAF EARS. Consequently, we have 8 guests booking who are totally anonymous. 

That is horrific as far as I'm concerned. Totally open to abuse - Guests claiming for travel restrictions leading to full refund cancellations when that guest is never even registered to any itinerary or booking or may never even be travelling - and the host being stripped of any income. Hosts again - provided no information of their expected guests. The only people who can know this, is Airbnb. If they ask.

[Katherine637]

Thank you every one for your replies. I will offer reductions for reducing number of guests to 6 (and will lock a bedroom door to help ensure this), a change of date and see how we go from there. Which? consumer advice does state that if I can't legally provide them with the service for which they have booked, then I should give a full refund.

"Guidance from the Competition and Markets Authority says that consumers should expect a full refund if lockdown laws make it illegal to use that service.

Ultimately, courts would decide disputed cases, but the guidance suggests group accommodation and large birthday party bookings should be covered.

The consumer group Which? says that this should prevent anyone being left out of pocket for obeying the law."

Hopefully they guests will accept my offer of either new dates or a proportional discount.