UK Regulator/Ombudsman

[Tim2309]

Hi,

Does anyone know who the ombudsman/regulator is for Airbnb in the UK?

I am having the most stressful time dealing with a refund issue, I’ve been on the phone to them for more than 10 hours now. They will only tell me their complaints procedure is talking to a supervisor who will call me back, they never do. I am on my 6th expected call back. 

When I ask for GDPR or regulator details they say they do not know them, I’ll need to talk to a supervisor...who of course won’t speak to me or call back. 

thanks. 

[Helen3]

We don't have ombudsman for global  STR listing companies. @Tim2309 

Ombudsman are for public sector bodies, utility companies, banking etc

https://www.citizensadvice.org.uk/consumer/get-more-help/how-to-use-an-ombudsman-in-england/

You can find GDPR details herehttps://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-r...

What is the refund issue you are having a problem with? If you post here perhaps we can advise?

[Gordon0]

It's like @Helen3 says, @Tim2309, and I'm not sure what GDPR has to do with anything. Perhaps share more and you might get some help and/or advice on how to move forward. 

[Ian-And-Anne-Marie0]

@Tim2309 

Financial Complaints Authority: https://www.fca.org.uk/consumers/how-complain

Online Dispute Resolution : European Commission: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

[Gordon0]

Airbnb don't fall into the jurisdiction of the FCA as they're not a financial services provider, @Ian-And-Anne-Marie0. It's also questionable if the EU consumer protection applies as the 'service' is sold by an American firm.

[Ian-And-Anne-Marie0]

@Gordon0 

I thought the European Airbnb were run through a LLC in Ireland?

[Ian-And-Anne-Marie0]

OK, long version.. 

In the header of the Airbnb T&C’s https://www.airbnb.co.uk/terms Airbnb lists the ODR as a dispute resolution provider, it says “You can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr.” So thats one option open to you.

Then in the Payment Terms section it states that Airbnb is a payments service provider:

https://www.airbnb.co.uk/terms/payments_terms

1.1 Airbnb Payments provides payments services to Members, including payment collection services, payments and payouts, in connection with and through the Airbnb Platform (“Payment Services”). Please note that “Payment Services” include Airbnb Payments services associated with free Listings provided through Airbnb’s Open Homes Program.

So for this reason the Financial Complaints Ombudsman should be able to resolve a payment dispute too. Airbnb Ireland is a UC, (not an LLC as I thought earlier - different country!) and all Airbnb hosts outside of the US and China transact through Airbnb Ireland UC.

The EU ODR (Online Dispute Resolution) platform only applies to EU hosts obviously, (and not China) and UK hosts can use this resolution until Jan 1 2021 because of us leaving the EU.

Otherwise, arbitration complaints can be taken through AAA (American Arbitration Association), again, as per Airbnb's T&Cs.

@Tim2309  You can request all communication you've had with Airbnb in relation to your issue to be released under The Right To Access, as laid out in the Data Protection Act 2018. You should be able to email Airbnb here: dpo@airbnb.com to get that.

[Tim2309]

That’s really helpful. Thank you. 
I’ve had a message from a Payments Case Manager who has told me to do what I’ve already done and have been telling Airbnb I’ve already done for three weeks already. It’s maddening. 

[Helen427]

@Tim2309 
Did you get this matter resolved through  the Ombudsman's office, or other?
If so any tips for others going through similar issues?

Cheers

[Helen3]

I agree @Gordon0 ...particularly when we are no longer in the EU 🙂 

[Ian-And-Anne-Marie0]

@Helen3 

The claim links posted are applicable until January 2021, since it is until then that the transition period ends.

[Helen3]

Thanks for clarifying 

[Tim2309]

Hi All,

Thanks for your advice so far. 
GDPR isn’t necessarily a part of my actual issue, but I wanted to gather evidence about the number of times I’ve had to call and try and sort this and how unhelpful staff have been. 

My issue is that the host cancelled an upcoming booking and issued a refund. The payment card I used for the booking (which was made in August of last year) has been cancelled and completely purged from the banks system. Therefore any payment made to it would be returned to the sender. 

Airbnb refute this and say that the bank should just be able to transfer the funds to another of my accounts. Which they can’t, because the account has been totally wiped and is inaccessible. 

I’ve tried everything I can think of to get this sorted, supervisors who say they will call back never do. No one from either the bank or Airbnb have a solution. 

I welcome any help you can give. 

[Gordon0]

I had a cancelled booking refund applied to a dead card (Mastercard) in June. The booking was made last December, the card cancelled in January. 

I got in touch with the credit card company (Virgin Money). They re-opened my account for one day and refunded me.

I find it hard to comprehend any bank worth its salt completely wipes a customer's details; they keep records for some time (but still within GDPR guidelines).

I believe a company must refund to the original payment method, @Tim2309. Try returning anything to M&S/John Lewis etc for a refund without the correct card.  

You may need the Acquirer Reference Number of the transaction (from Airbnb) to get your credit card company to find the transaction.

[Tim2309]

The bank cannot do that. 

They’ve also been given the ARN and can’t use that either. 

Airbnb will likely need to provide a cheque as alternative payment.