cancellation and refund

[Dušan9]

Hello

I would like to ask for further help regarding the refund/cancellation of a reservation from August. I would like to either ask for your help/contact of someone who could help me solve this issue. Since I was not able to find any contact on your site, I would be glad for any clarification regarding the storno and possibility of a refund.
The reservation was made in August. Post states that some of the mitigating circumstances include restrictions on travel placed by a government or pandemic issues.
We are from Czech republic and we are currently obligated to excercise a 2week long quarantine regardless of a negative covid test when entering the UK. Also my flight was postponed and then cancelled. I will be able to supply confirmation after I receive documents from airline. The host told us that even if she wanted to give us the money back, she is not able to because all the transactions go through the company first and she does not receive anything before we actually arrive at the place.
Is there any possibility of a refund?

Thank you in advance.

[Helen3]

You need to contact Airbnb they have your money. All the ways of contacting them are in the Contact Airbnb post at the top of the forum you are posting in.  @Dušan9 

[Anonymous]

@Dušan9  Read this article closely to determine whether you're eligible for a refund:  https://www.airbnb.com/help/article/2701/extenuating-circumstances-policy-and-the-coronavirus-covid1...

In short, it depends on whether you booked before 14 March.

[Helen3]

Actually in Europe anyway Airbnb are regularly offering full refunds to guests who can’t travel because of gov regs under their standard EC policy @Anonymous  for those booking post mid March

[Anonymous]

@Helen3  I see cases where they do as well as where they don't, and no through line of consistency. So I can only refer to the stated policy, which they may or may not follow.

I'm not personally sympathetic to those who demand special exceptions when they made their bookings knowing full well they were in the middle of a full-blown pandemic, but I'm not the one who makes the decisions.

[Helen3]

I can’t agree they knew. Our government allowed people to open up STRs since 4 July and encouraged people to book and travel. People received mixed messages and were told it was safe to travel. 

they only recently introduced ever changing restrictions and lock down areas which means people can no longer travel to us/have to quarantine for two weeks when they are only here for a weekend/ find they can only bring 6 when they have booked for 20.

I have already offered three penalty free cancellations in these circumstances .

I behave in the way I would like to be treated if I was a guest in this situation and offer penalty free cancellations 

[Anonymous]

@Helen3  I believe in much the same, but my expectations as a guest have always been that the burden of risk fell on my end of things if reasons beyond the host's control made my trip impossible. That's why for the few excursions I've booked, I've carefully considered the cancellation policy in place, and also budgeted an amount that I was prepared to part with if things went pear-shaped. 

I do recognize that many people interpreted re-openings and messaging from irresponsible governments as an indication that the pandemic was over and their plans were "safe." Well, people believe a lot of fictions - personally, I'm only willing to be held accountable for the promises I make to others, not whatever ideas people get from their politicians or media. But of course each host is entitled to make exceptions to their policies whenever they see fit - I only object to the situation where they're pressured to do so under duress.

[Mike-And-Jane0]

@Dušan9 If you google frustrated contracts I think European laws are likely to force a refund if a change in the law since you booked means your trip cannot take place.

I would do a bit of research and then approach Airbnb on this basis.

Good luck

[Anonymous]

@Mike-And-Jane0  I know "frustrated contracts" is your thing, but it's more of a specificity of UK law than an EU thing (where the applicable term is Force Majeure).

Here's one relatively cogent argument that makes the terminology a little easier to understand: https://www.pinsentmasons.com/out-law/guides/english-contracts-frustration-coronavirus

The operative text here hinges on the question of whether the circumstance that "frustrated" the contract could be deemed foreseeable. There's not an empirical definition of foreseeability, and a global pandemic doesn't map neatly on to most modern precedents, but in my view "that thing that happened in the spring might happen again before this virus is officially eradicated" is in line with enough expert opinion to be plausibly foreseeable. But when it comes to UK law, guru I am not!

[Mike-And-Jane0]

@Anonymous I agree its a complex issue. I actually think Airbnb are doing a disservice by not allowing cancellations if the law changes. If people can't get travel insurance that covers law changes then they just won't book. I have tried to make it clear in our listings that whilst we have a strict policy we will refund any money we receive if the law changes post booking to stop a guest coming to us.

[Ian-And-Anne-Marie0]

I agree wholeheartedly with what @Anonymous  says.

I also believe that credit card companies are guilty of corporate bullying in throwing around their money muscle in demanding refunds for 'Nanny' guests relying on the credit card company's clout to enforce illegitimate refunds.

That.. Is the reason why Airbnb decided to change their Terms and Contracts in favour of Guests - so that THEY, AirBnb, could keep hold of as much money as possible from refunds by not refunding the credit card companies for their users expectations beyond reason by issuing vouchers instead.

Unlike @Mike-And-Jane0  I won't refund guests booking on a post 14th March contract because as @Anonymous points out - the known risks were acceptable risks in entering the contract. If the guest wants to negotiate with us to change our cancellation policy, we refuse politely and they're happy to search out some other desperate accommodation, of which there is very little available.

Furthermore, 'law changes' are covered in the contract and are specifically cited as not entitled to refunds

Accepting any Covid type cancellation will not return Airbnb's Service Fees to the guest, because that's the contract, and no host can provide certainty of that.

[Ian-And-Anne-Marie0]

@Dušan9 

The contract you entered into in August was one which excluded Covid related impact from the extenuating circumstances policy. Travel restrictions, quarantine and flight cancellations are all due to Covid restrictions. Because of this and the fact that some disruption could be possible due to Covid risk at the time of booking and these being a known risk, as a traveller you should have taken some precaution against the effect of these risks. This is normally by way of having a travel insurance policy covering such risks.

I cannot see that you would be entitled to a refund due to a foreseen risk and one which clearly excludes that and other relevant risks in the booking contract you entered into.