Is the Extenuating Circumstances Policy the same as Force Majeure?

Is the Extenuating Circumstances Policy the same as Force Majeure?

I have my guests sign a rental agreement and I have 2 guests that booked last month who wants to cancel now because the rising COVID cases.  The government have not banned travel but urged residents not travel to states out of state.  This is nothing new and was in place when both of my guests made the reservation.  One of the guests is now cancelling the reservation claiming that this falls under force majeure because of the travel restrictions and should get full refund.  I don't think they are entitled to the full refund because they made the reservation during a pandemic with the risks of all of this.  Does force majeure apply for reservations made during a pandemic?

2 Replies 2

@L52  Airbnb's official position on the matter is here: https://www.airbnb.com/help/article/2701/extenuating-circumstances-policy-and-the-coronavirus-covid1...

 

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.

Our extenuating circumstances policy is intended to protect guests and hosts from unforeseen circumstances that arise after booking. After the declaration of COVID-19 as a global pandemic by the World Health Organization, the extenuating circumstances policy no longer applies because COVID-19 and its consequences are no longer unforeseen or unexpected. 

 

 

@L52 

 

If you are unable to provide or operate the accommodation as a result of, for example, a lockdown then Force Majeure would apply.  If, however, you are able to operate the accommodation and the guest is unwillling or unable to complete the stay, that is not Force Majeure and not, therefore grounds for cancellation.  In fact, if there is only a recommendation not to travel and no prohibition of travel, the guest is effectively making an elective cancellation.