Host demanding an increased rate for extended stay during COVID-19 lockdown

[Jessica-J6]

We booked an Airbnb for the purpose of self-isolation as required by the South African regulations for residents returning from high-risk countries. While in self-isolation, a national 21 day lockdown was declared but fortunately our original booking coincided with the end of the lockdown. Now the lockdown has been extended by 2 weeks requiring us to stay on in the Airbnb as the South African regulations allow no movement except for essential goods and services, no new bookings are allowed and we are not permitted to travel to a family residence that is available to us.

We have asked the host - an Airbnb management company - to extend our stay by 2 weeks at the same rate we paid previously. The host is refusing and is demanding a higher rate even though this is an enforced lockdown. We are not in a position to pay the higher rate but can pay the original rate. We have explained this to the host. The host refuses and says we must check out even though this is illegal according to the lockdown regulations. The host has offered other cheaper places but this would still require us to move and thus break the law. The company would also be breaking the law by accepting a new booking, which according to the Department of Tourism is not permitted under the current lockdown regulations. 

We went to the police station to see if we could get a movement permit to check out and move premises, they refused as it is not deemed essential.

We are not willing to break the law because the host won't accept the previous rate for the extension and is price-gouging.

Surely in this situation the host is being unreasonable to demand a higher rate when we are being forced into this extension and we have offered to pay the original price? 

[Anonymous]

@Jessica-J6   What do the terms of your travel insurance policy have to say about coverage for involuntary departure delays? That would be the first place I'd check, assuming that you insured your trip.

When you went to the police station, you must have explained your predicament to someone there - did they give any indication that they viewed this price-gouging as illegal? I know nothing about South African law, but in these situations it's more a question of what they're willing to enforce (and for whom).

Looking through the Terms of Service, I have not found a specific policy governing mandatory shelter-in-place orders. The broader policy that applies is a common-sense one: any existing local laws automatically supersede the terms of the Airbnb contract, when they conflict. Airbnb itself does not have the legal standing to force the host to extend your reservation at the original price, or at any price, but the local law enforcement is in a position to do so.

That said, if neither the police nor tourist bureau is able to help you here, I recommend getting Airbnb on the phone and asking them to intervene. Whether they have any pull here really depends on how much this property manager depends on the platform for future business.

[Jessica-J6]

@Anonymous Thanks so much for your reply. Unfortunately we are residents of South Africa in the process of emigrating so we don't have travel insurance. But as you say, local laws supersede the Airbnb contract. In the meanwhile we have engaged with Airbnb to try resolve the matter. 

[Anonymous]

@Jessica-J6 I hope Airbnb can bring you to a fair resolution. Let us know how it turns out! 

[Inna22]

@Jessica-J6 you were able to make the trip to the police station. Can you make a trip to your family residence? If you are stopped, what is the fine vs the cost of two more weeks of airbnb? Are you able to explain that you were left on the street and show that your reservation expired if you are stopped? I am sure they do not expect you to be on the sidewalk. Can you just stay at this airbnb? They can not kick you out (I would have never suggested this one to a guest as it would be a host's worst nightmare but this seems to be a crazy situation you are in). 

[Jessica-J6]

Thanks @Inna5 We have stayed at the premises for now. We were contacted by a case manager by since our explanation to him we have heard nothing further from the host.