Unbeliveable Host!!

[Billur0]

Hi All,

I hope you all are well,

Unbelievable!! We book a cabin before this Tier 4 situation and the host refuse to do refund and trying to get profit from this!!!

We live in Soho London and all you know we are in Tier 4 now. Government and Westminster Council said do not travel and leave Tier 4 especially to lower Tiers. Also host is not allowed to host us...

We asked him some advice last week, about the latest news about Covid-19 and he said, `I think we all have a duty to follow the government guidelines`..  After that Government announced Tier 4 and we sent him a message about refund or change the dates and he refused both!!  He said `you should made an insurance`.. 

Now we are talking with Airbnb support but as I understand he still refuses to do refund. Also he doesn`t want to change the dates because he said on his message ```If I was to offer you a free booking in the future there is a good chance that I would have had a booking from another guest over those dates that I give you leaving me out of pocket.``` UNBELIEVABLE, I can not believe a person trying to get profit from this kind of situation.. 

I need your advice please. What we should do? 

Thank you

Best Regards

[Nathalie-Et-Gilles0]

@Heidy23  @Ela13346 

Question :

WHY did you rent a listing with a strict cancellation policy whereas there are thousand of listings with a flexible cancellation policy in a covid time?

YOU choosed a listing with a strict cancellation policy. Nobody obliged you to do it.
YOU knew the covid was around.

YOU could book with a CB covering this risk of travel restrictions such as an Amex CB.
In conclusion, in court, your case seems weak. Ready to pay the lawyer?

Good luck.

[Mike-And-Jane0]

@Nathalie-Et-Gilles0 You are wrong in law. As I am sure you know based on your other posts.

In England if a host cannot do so by law then they must fully refund the guest but the guest cannot claim further damages.

[Mike-And-Jane0]

@Nathalie-Et-Gilles0 Also there is no need to pay a lawyer as the case would be very simple in England and cost only the small claims court filing fee which would be recovered from a recalcitrant host.

[Ela13346]

@Nathalie-Et-Gilles0  thanks for your words, 

I'm sure it has to be tough for you too, as a super host I can see that you provide the same cancellation policy as my host: I'm sure that from your perspective it must be very challenging because Airbnb is shifting the whole responsibility on you. I really feel for you, especially as I can see that Airbnb is really securing itself, leaving the customers (hosts and the guest) to fight between each other. 

As I agree with most of the things you are saying and I do respect your opinion, but I still need yo ask: are you familiar with Small claims court term? I can see that you are based in France, and I believe that there can be some differences in Consumer rights, so I would be careful with any hash comments about mine or Heidy's case.

I don't want any guests to feel discouraged by your post: in the UK customers have their rights to claim if the second party is unable to fulfil their obligations, you also do not need a lawyer to make your claim.

It's not like ignored the cancellation policy and I'm claiming the refund based in thin air: I contacted Airbnb following advice from CMA and Citizen Advice bureau, not another way around. And I DO advise everyone to do the same.

Anyway, thanks for your input, 

[Nathalie-Et-Gilles0]

@Mike-And-Jane0  @Ela13346 

I do understand that if the host does not have the right to host because of governemental restrictions, he must cancel and refund the traveller.

If he does not do it, there is a Airbnb button used by travellers for sending a request for cancellation "My host must cancel".

If the host can host but the traveller cannot come because of governement restrictions, the traveller must cancel.

If he does not do it, there is a Airbnb button used by hosts for sending a request for cancellation "My traveller must cancel".

And the real question is :

Why travellers book listings with a strict cancellation policy in covid time?

It is nonsense ... for me.

It is better to be safe than sorry.

[Mike-And-Jane0]

@Nathalie-Et-Gilles0 We have retained our strict policy even in Covid times because we do not want frivolous bookings that can be cancelled at any time by the guests. We have however made clear that if it is illegal to host and/or travel to us we will refund fully any monies we would receive.

The better question to ask is why are Airbnb not giving confidence to their guests by upholding the law on cancellations rather than driving guests to other sites that do.

[Nathalie-Et-Gilles0]

@Mike-And-Jane0 

« The better question to ask is why are Airbnb not giving confidence to their guests by upholding the law on cancellations rather than driving guests to other sites that do. »

Because it is Airbnb which did not respect the contract (reservation) and the law.

Homeway did.

Why do you think they changed again and again and again their extenuating circonstances?

Because they were sued by American and French host. 

Not Homeaway.

Why?

Airbnb does not have the right to override your settings.

It is the host responsability to publish a lawful listing in choosing the right settings or in sending money when settings cannot meet the law.

Ex : In Paris, we are obliged to rent 1 month minimum for second homes.

It is my responsibility to set 30 days minimum stay because it is me who will by sued by the city if a rent for shorter stays.

It is the same to refund.

If you are obliged by local laws to refund , you must do it or choose a flexible cancellation policy because it is your fault (not Airbnb) if you don’t respect local laws.

If you are not legally obliged to refund, you do as you like. 

Airbnb should not override host settings.

If it does, Uber European common law could be applied.

And Airbnb does not want that.
It would sunk Airbnb as Uber sunk after this European court decision.

European market is vital for Airbnb.