Host not re-funding and Air bnb cant do anything

[Syed22]

I am not a regular user of AirBNB but I booked an apartment in Fortitude Valley, Brisbane on 8 Dec for 11 nights (from 17 Dec-28 Dec 2018). I was to travel with family from Darwin by road and cyclone Owen was expected to hit the Gulf of Carpanteria bringing heavy rains and storms on most of my route from the NT and Queensland border all the way to Townsville and then Brisbane. So after monitoring the weather forecast closely I decided to move this booking one day later to be able to avoid the heavy rains and storms on the way. So I explained this situation to my host Penny explaining the reason hoping she would understand that storms and cyclones cannot be predicted 14 days before; and cancelled and rebooked for the same number of nights one day later from 18 Dec-29 Dec 2018 for another $1350 (thinking I'll get refunded for the previous booking). She did not say anything regarding the consequences at the time. Meanwhile Airbnb already paid money to the host and I only got a refund of $200 from $1350 (as per host’s strict cancellation policy). I didn't bother much about this matter at the time, thinking I have kept the host in the loop about everything and she has understood our situation which was beyond my control and she will refund our money in due course after our stay is completed. Even after completion of our stay, the money from the host didn't get refunded, I gave her the benefit of the doubt thinking that she might also be on Christmas holidays and might not got the chance to refund. After getting back home, I followed up with her for the refund but she didn't answer. So I escalated the matter with Airbnb. They tried to reach her but kept telling me there was no response from her. After about 14 more days of Airbnb complaint and six weeks of my initial EFT she finally replied that she does not intend to return the money and I should have altered our booking instead of cancelling and rebooking. Also AirBNB is telling me they cannot do anything in this matter as the host is not at fault here. Just wanted to know if anyone else faced this situation and were they able to resolve this. Where does AirBNB's 'strict cancellation policy' stand in relation to Australian Consumer Law?  Can someone get away with charging twice the amount for a product or service and then refuse to refund in Australia in the 21st century? Even other intermediary sites (like PayPal, AliExpress etc.) hold the money to the seller and only transfer to them after the buyer is given a chance to lodge a complaint. Doesn't this strict cancellation policy look against Australian Consumer Law and should be revised? 

[Branka-and-Silvia0]

@Syed22

Unfortunately, you have done typical and very common mistake - didn't read and didn't think before booking and before cancellation. It seems nobody reads anything anymore, you are not alone.

here is Airbnb strict cancellation policy: https://www.airbnb.com/home/cancellation_policies#strict-with-grace-period

There are also other policies - flexible, moderate etc... and hosts choose which one they like.

What you should have done:

- Contact your host and send her an alteration request ( change of dates). If she accepted you would still have your reservation but for other dates)

- If your host would decline your alteration request you could contact Airbnb and talk with them about the weather forecast. They would contact your host and will tell you your options. They may even cancel your trip with the full refund due to extenuating circumstances. In that case, you could simply rebook for other dates.

What your hosts did is not fair, not moral, not nice and her communication with you was really bad  ... but it is legal. Unfortunately, it is your mistake, you accepted her cancellation policy during the booking process and then canceled without even reading it. I don't believe something can be done now, I am afraid this is a very expensive lesson you learned and paid  😞

There are a lot of wonderful and caring hosts here on Airbnb and they would advise you and help you in this situation but unfortunately your host was not one of them. She just took advantage of your inexperience.

[Gordon0]

Like @Branka-and-Silvia0 said, you've been treated pretty poorly by the host. But what I don't understand, @Syed22, is why the word cancellation even crossed your mind when it was clearly just a change. Sorry for your financial losses all the same.  

[Syed22]

Thanks @Branka-and-Silvia0, @Gordon0.  @Gordon0 re booking was $150 dearer :), ended up costing me more than that. But i have lodged my complaint with ACCC. Let's see how it goes. 

[Cormac0]

@Syed

If a system becomes an “al carte” set up, its end up working for nobody, you chose to cancel, because the revised booking would have cost you $150 more? so your decision to cancel was driven by a monetary imperative which was particularly unfortunate since as @Branka-and-Silvia0 has pointed out you did not understand the implication of your actions or read the terms and condition of the booking.

And after taking two decision of your own bat, you now want the host to overrule the system to cover you for your own ineptitude, what about the amount of time the host has wasted and the expense you put the host to reimburse you. Me Me Me Me Me.

[Frankie24]

Hi yes i am confused too. You say that "in the meantime airbnb paid the host" for your previous booking. However even with a strict cancellation policy they would have only paid 50%.. But you say you were still going ahead with the booking just arriving a day later (and then wanting to stay a day later???) so all you  had to do was modify your booking for one extra day. The host may or may not have given you a refund for the first day but at most you would have been out of pocket for half the costs of the first night only. If you were booking at a hotel eg Hilton and were arriving a day later for a 14 day stay, you would not cancel your booking and rebook but ask to arrive a day later... strange.. And you did all this without first checking that you would be refunded "thinking I'll get refunded for the previous booking" without asking or checking? even stranger. ACCC wont help you..... the host was not nice but was within legal rights. You could have left her a bad review.