Reservation cancelled due to UK Government imposed travel ban

[Alison91]

Please help - I list our Cape Town family home on Airbnb each Dec/ Jan, and my London based guest had to cancel as all flights out of the UK were cancelled.

His reservation was made in November 2020 for 3rd to 16 Jan 2021. He messaged me on Airbnb 4 days before check-in to tell me he needs to cancel. 
I have just noticed that he did not formally cancel under Trips on the platform and his reservation is still in progress. I increase substantial costs moving my family out, making the home ready for guest, and paying for alternative accommodation.  I have a Strict cancellation policy in place. What refund, if any, is due to my guest?

[Mike-And-Jane0 · Accepted solution]

@Alison91 If they didn't cancel then technically no refund is needed. But is that fair? Also, was it legal for you to host a foreign guest in your country? If not then a full refund is likely needed.

[Anonymous]

@Mike-And-Jane0  If you only discover after buying 10 grams that cocaine is illegal, should your dealer give you a refund?

I know frustrated contracts is your thing, but come on, this one is just silly.

[Robbie54]

@Anonymous the host was well aware (because the guest told them 4 days in advance of their trip) restrictions were in place for UK travellers. I really have no sympathy for the host, in my opinion they have cocked up by just leaving the trip open knowing full well the guest couldn't travel. 

[Robbie54]

@Alison91 why did you leave the trip open, knowing full well your guest needed to cancel? Yes ok, they didn't cancel themselves when they should have done, but 4 days notice is plenty for you to help cancel the trip. Personally if I was asked to cancel because of covid restrictions I'd have been on it, now you have this problem because you and the guest have just left it. Not good. 

[Nathalie-Et-Gilles0]

@Robbie54 

Travel is the responsability of the the traveller.

If he cannot come, he must cancel.

Accomodation is the responsibility of the host.

If he cannot host, he must cancel.

There is no problem when everyone takes its responsabilities.

For refund, there are travel insurances and listings with a flexible cancellation policy.

I booked a place to go to sky in a few months.

I took a travel insurance to get a refund if it is forbidden to travel.

But it does not work if there is a curfew and no activity opened. Only if i don’t have the right to travel for leisure reasons.

So the landlord will be paid.

I am amazed with all those travellers who think hosts are their travel insurance.

It is so dishonest.

[Robbie54]

@Nathalie-Et-Gilles0  I agree with you 100%, however knowing guests as I do I cannot rely on them to do the right thing all of the time. This is why I, as a host, make sure a trip is cancelled (due to covid restrictions) in plenty of time to avoid issues down the road. Not all guests are responsible, but it is all about being a responsible host.

For example there are plenty of threads on here about guests not responding to important messages from hosts, which I have encountered myself many times before, hence the need for hosts to be pro active in avoided avoidable issues, exactly like the one Alison has encountered.

Also we have to remember a lot of guests are new to Airbnb, they may not be aware of the etiquette involved in cancelling, this is where responsible hosts need to get involved. 

[Anonymous]

@Robbie54  There are times when it helps to grab the guest by the hand and walk them through whatever functionality of the platform they were too stupid to figure out on their own. Perhaps @Alison91  could have spared herself the trouble and expense of moving the family out of the house if she'd been more proactive about that. But she didn't ask for sympathy; she just asked whether she owed the guest a refund.  

And no, of course she doesn't.

[Robbie54]

@Anonymous "And no, of course she doesn't"  I beg to differ. If I was a paranoid person I would say this host took no action so as to be paid. Luckily I'm not paranoid, however the thought did, fleetingly, cross my mind.  If the guest contacts Airbnb and fight their case or a refund I bet they'd win. 

[Anonymous]

@Robbie54  The guest agreed to the host's cancellation policy when he placed the booking. There's nothing in this scenario that suggests the guest is entitled to some kind of special exemption from the existing cancellation policy. 

In all fairness to the guest, the OP didn't actually say that he asked for a refund. He may well have been reasonable enough to realize that booking overseas travel many months into a globally disruptive pandemic was a long-shot gamble at best, and either accepted his inevitable losses or taken out appropriate insurance. 

[Robbie54]

@Anonymous  normally I'd agree with you, however unprecedented times call for diverse measures. Not everything is black and white. As a host my integrity is intact. 

The one thing I cant work out is why did the host not realise the guest hadn't turned up 1 whole week after the check in date? Especially since the host knew full well the guest had to cancel, through no fault of their own. Its unprofessional. 

[Anonymous]

@Robbie54  The host only has two prior reviews, both from 2017. With this little experience on Airbnb, it's understandable that one might not be familiar with how hosts are notified when a guest cancelation is run through the system. She said nothing to suggest she failed to notice the guest hadn't turned up, only that he hadn't completed the cancelation process that he was responsible for. 

And while the scope of travel disruptions and restrictions was largely unprecedented last spring, it was very much an established norm in November, when the guest placed the booking. It's not his fault that his flight was canceled, but he'd have only himself to blame if he didn't prepare for this near-inevitability. 

[Robbie54]

@Anonymous  "She said nothing to suggest she failed to notice the guest hadn't turned up, only that he hadn't completed the cancelation process that he was responsible for." Sorry, my poor grammar. Yes, she hadn't realised he did not cancel prior to the check in date, only 1 week after, which is lax at best on her part.

Shame the guest did not use the cancellation due to covid option...

[Anonymous]

@Robbie54  

the policy states:

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.

[Mike-And-Jane0]

@Anonymous Airbnb may well have this policy BUT it would not hold up in court in England. It beggars belief that Airbnb are just ignoring the law in many countries. @Catherine-Powell can you explain why your policy breaks English law?