Xmas Cancellation

[Kerry26]

Due to tier 4 regulations just introduced in UK my Xmas booking guests say they must cancel due to extenuating circumstances, my policy is strict. They don’t wish to move their booking but are guilting me to agree a full refund, yet at this late date I may not get another booking & have left heating on and prepared the 5 bed property plus real Xmas tree, decorations & gifts for their arrival in a few days. What should I do? 

[Kerry26]

Thank you @Clare167 @Shaun69 @Nathalie-Et-Gilles0 @Robbie54 @Helen3  i believe we are all being left in a terrible situation as a result of Airbnb not being clear about offering hosts some financial support apart from when bookings had been made prior to March. Also our Gov are not offering us any reparation as the situation continues to be unstable.
We wish to be generous & kind but cannot afford to continue as hosts if we do not get financial support whilst unable to host. Further solutions need to be offered. We should be in complete lock down rather than have this continual confusion! I do not wish to be one of millions with an empty property indefinitely & costs to maintain it with no income... it makes me extremely uncomfortable & I do not feel part of a healthy sustainable community in that position. 
That is why we have decided to sell. Long term rental does not work for us, the property needs care & regular up keep which I have found tenants do not comply with. 
I believe @Nathalie-Et-Gilles0  is correct, hosts should at least retain the deposit in such circumstances. I have fulfilled my part of the transaction in providing the prepared spaces for guests when told they are allowed to book at certain times, the risk should not all be with the host. Thank you everyone for discussing matters, it has helped me clarify my own moral sense, however much I feel concern for booked guests. I can offer future booking options as an alternative to cancellation & do encourage that first option. 

[Helen3]

Hi @Kerry26 

Do you pay business rates? If so you may well be eligible for a grant from your local council for your Airbnb and for your flower business there may be other business support grants.

Absolutely if your guests can rearrange that would be the best option but with things as they are, that is a risky option for hosts and guests. Sadly we have known since March that Airbnb would return a guests fee in full if they fulfilled their EC policy for Covid, so as hosts it is a risk we have taken to accept bookings with them knowing Airbnb may refund in full due to Covid. If there are other listing companies that do otherwise it would be worth listing with them and taking direct bookings so you can set your own terms.

Another option if you are near a hospital is to see if you can host local key workers. Not sure who you should talk to there, but worth a try.

All the best for you and your family at Christmas.

[Mike-And-Jane0]

@Kerry26 I agree that @Nathalie-Et-Gilles0 is correct HOWEVER you have to substitute English law for French law. This then means full refunds if the host cannot provide the accommodation.

[Kerry26]

Thank you @Helen3  I did eventually receive a grant towards one holiday let property & a small grant towards my flower farm last week which felt very affirming as a small business finally but it was very late in the day & hasn't even covered the mortgage, bills etc so I have been running myself ragged to keep us afloat doing any work I can as I’m sure many others have..

I love hosting guests & maybe it would be better to find other letting agents, but for the last 4 years I have also loved the Airbnb arrangement & community best.. only now does it seem hosts are perceived as likely to be able to sustain losses, and even suggested to be able to provide cheap or free accommodation to NHS, homeless, key workers etc which again is not very balanced?
I do all I can to offer good value & quality accommodation... but one bad guest booking with Airbnb which left us unsupported has caused too much loss..margins are tight..I have found things very difficult & must now act to reduce our exposure to sustain my family.

We have met wonderful people & overall it has been a positive situation. This year has diluted that sense as Covid -19 seems to have tested us all to breaking point! 

[Helen3]

When I talked about hosting NHS workers I meant doing it for payment not for free under Airbnb. @Kerry26 

Sadly I am not eligible for any grants so it’s truly been a tough year for me as no doubt it has been for many others, particularly those in retail and hospitality where many have already seen their businesses go bust and have lost everything.

I know hosts who have got jobs at Amazon, in supermarkets or returned to the NHS to pay their mortgage 

Talking of which - have you looked into mortgage breaks - this could be a real help

if you are struggling to pay bills.

so glad you and your family are able to stay in your lovely cottage for xmas

[John5097]

@Kerry26 Reading your comments really puts a person and a face on how difficult a time host are having and difficult choices that are being made. I wish there was some way you didn't have to sell your rental. I have a flexible cancelation policy but think strict cancelation policies should be respected, as they also came with a lower price. I wish you could hang on a bit longer and see if there were any adjustments that could be made to lower risk. Perhaps ABB will offer some compensation again? I was going to get the 20% for cancelatoin back last April but I blocked off three weeks of April after all the guest canceled that would have qualified and because I blocked those dates off after they canceled, they no longer qualified, which wasn't mentioned. I never even contacted ABB about it. Otherwise I'm confident you will make sound decisions and formulate the right strategy moving forward.   

[Nathalie-Et-Gilles0]

@Mike-And-Jane0 

I may be wrong but i think @Kerry26 can provide the accomodation.

It is the traveller who cannot come because of state restrictions.

There are travel insurance to cover this risk such as to pay the Airbnb rental with a gold american express CB.

I don’t know the English law and common law but i guess contract and well known risk before booking and travel insurance means  something.

[Mike-And-Jane0]

@Nathalie-Et-Gilles0 Agreed. As I said in an earlier post the English law is clear that refunds must be given if the host cannot provide accommodation - Its a lot less clear if the guest cannot travel.

[Nathalie-Et-Gilles0]

Hello @Mike-And-Jane0 

As long as hosts do not know the law and common law of their country, they don't know the limits and who is responsible of what.

"English law is clear that refunds must be given if the host cannot provide accommodation - Its a lot less clear if the guest cannot travel."

It is not the same thing at all.

On one side, the host is responsible not to do his part of the contract, on the other side, the traveller is not able to apply HIS part of the contract.
In France, when host cannot provide the accomodation, he must totally refund.
If he is tried, he could also pay some damages if there are any (ex : the customer can be obliged to pay more for another accomodation booked in emergency).

If the traveller cannot come, he must pay the deposit whatever the reason of the cancellation.
Travel insurances exist to be refunded under conditions wich are better verified than by Airbnb.

Real proof required.

I seriously doubt that UK law is very different from French law but i let you check with an expert.

It would be nonsense to pay when the other party is responsible of the breach of contract.
No commercial activity would survive.

@Kerry26 

I believe that it is not possible to do this activity if you don't know how it works on a legal point of view.

Check what are your rights and duties and what are the rights and duties of travellers.
and you'll know what to say and what to do.
Airbnb is obliged to apply the UK law for rentals in this country.

It is not a matter of being nice or not.
It is a matter of rights kwowing that YOU (not Airbnb) are always free to decide to refund totally or partially if you like.

But it is not the right of the traveller. It is YOUR decision.

[Helen3]

You can say what you like about rights and duties  @Nathalie-Et-Gilles0  but  I am afraid you do not understand our Covid legislation as well as you think you do. It is not the hosts decision.

As hosts we are not allowed to take bookings from guests in Tier 4, so you are incorrect when you say hosts are allowed to decide on refunds partially or fully. We have to refund in full and Airbnb supports this as outlined in the guidance Airbnb sent to UK hosts a few weeks back.

[Kerry26]

@Helen3  

The bookings were taken before  tiers were introduced.. The Uk gov was insistent families could definitely have a bubble Christmas gathering, I accepted the bookings of groups who applied the Gov guidelines to their group & I prepared the accommodation in good faith, and have offered other future dates as an alternative due to the introduction of tiers & further restrictions suddenly. My cancellation policy was clear, as were the price reductions offered to conform to my cancellation policy. Nothing untoward.. 

I cannot go ‘bust’ in effect due to changing Covid regulations, that is ridiculous & I am trying to keep going. Losses already occurred due to little compensation offered for two previous lock downs..and I have previously had Airbnb cancel bookings due to Covid so guests were totally reimbursed, hosts had minimal compensation & no deposits... that was awkward & very biased in favour of guests due to the suddenness of the affect of the global pandemic.. 

[Mike-And-Jane0]

@Kerry26 You say that you cannot 'go bust' due to changing covid regulations. Sadly many many businesses have gone bust and many people have lost their jobs. It is not the changing regulations but the pandemic that is at fault here.

[Mike-And-Jane0]

@Helen3 I can't see anything in the legislation that stops a tier 2 host accepting a booking from a tier 4 guest. Clearly a tier 4 guest is not allowed to book a tier 2 property except in limited circumstances.

Legislation link is

www.legislation.gov.uk/uksi/2020/1374/schedule/3A

You need to click on earlier schedules to see the tier 2 provisions.

[Mike-And-Jane0]

@Nathalie-Et-Gilles0 Sadly English law is made up of case law determined over many centuries. As such if new circumstances arrive it is not absolutely certain how the courts will interpret the law. To be certain  we will have to wait for test cases to be brought and potentially appealed before the law becomes clear to us mere mortals.

One day we may get a constitution with clarity on laws but until we do we muddle through with many ancient and unclear laws!

[Nathalie-Et-Gilles0]

@Helen3 

The Airbnb guidance has no value if it is different from UK law.

And sometimes, Airbnb wrongly apply the local laws or interprete it wrongly.

There were sued several times in France and they lost.

It is on that point that hosts must be careful and check Airbnb rules stuck on local laws.

 
Tourists are not autorised to travel when a confinement is declared (in France, professionals can travel) BUT it is the responsability of travellers not to come and pay the deposit because they knew the covid situation when booking.

So if there is a UK law mentionning that the deposit MUST be repaid in this situation, please post the link. 
It is far more valuable than a forum or a Airbnb guidance.