My host agreed to refund me but now refuses to honor his promise

[Ningning1]

Long story short, I made a reservation from Oct. 30 to Nov. 22 in London for a test.  Due to the new lockdown measures, I had to cancel the reservation and head home.  

Airbnb said such case is not covered by the airbnb extenuation policy. 

The host agreed that if I cancel the reservation, he would give me all the profits he makes by leasing out his apartment during my reservation period.  He later confirmed that he found someone from Nov. 8 onward and that he should refund me a considerable amount by Nov. 23.  

On Nov. 23, no refunding.  I contacted him on Dec. 2.  He promised to process refund by that week, which did not happen.  I contacted him again on Dec. 8.  He started making up story and refused to pay.  

Airbnb said there is nothing they can do without the host's authorization.  The host offers 300, which is far less than what he promised.  So the situation now is: the host keeps all the money I paid to him for the full reservation period.  On top of that, he makes additional money by leasing the apartment out during this reservation period.  Airbnb presumably charges service fee / whatever other fee twice.  I, as the guest bear all the losses.  

My questions: 

1. Why is it that the termination does not fall under Covid-19 exception?  What is the purpose of such policy?  

2. Even putting aside Covid-19 element, why is it that a host (a super host actually) could be allowed to not honor his promise?  What is the role of airbnb really?  

[Emiel1]

@Ningning1 

The "Covid-19 extenuating circumstances policy" only covers a refund if the guest or the host is sick (Covid). BTW It did cover more if the reservation was made before 14 March

It can be read in the detail here:

https://www.airbnb.com/resources/hosting-homes/a/answers-for-travelers-about-covid-19-153

If the host promised you (hopefully to be read in the message system ) some more refund , it should be honoured. I am curious what is mentioned in "He started making up story and refused to pay.".

Airbnb can not force the host to keep promise, such a refund is volontary. But Airbnb can read the communication about the refund in the message system and should IMHO at least contact the host to ask for explanation about the issue. From a SuperHost can be expected the keeping of promises.

[Ningning1]

Yes. It is more than clear in the communication. 

Basically he said I could well make up story about me having to change my plan due to lockdown in England and that I might just use his place as backup.  

However, please bear in mind that he never promised "refund".  He asked me to cancel the reservation so he could lease the apartment out, and if he could make profits during the reservation period, the proceeds come to me. 

In other words, he is not going to lose a single dime in any case.  Now he wants to keep the additional money that he made.  

He promised to make "refund" on Nov. 23, which did not happen.  Then after my chase, by the end of the week of Dec. 2, again did not happen.  Then Dec. 8. the "making-up story" talk and refusal to pay.  

ps, Later that day, after involving Airbnb and proved to him that I did change my itinerary and fly back home, he still did not honour his promise.  

All of these have been recorded more than clear in the communication.  

Now, I do not know who Airbnb classifies as super hosts, but I consider this bad-faith and ill behaviour which should shed doubts on his title. 

[Helen3 · Accepted solution]

Sorry @Emiel1  Airbnb were refunding guests in England during this period who couldn’t travel because of Covid .

@Ningning1  call Airbnb and ask them why they haven’t refunded you through EC when they have done it for other guests @

[Ningning1]

Thanks a lot!  So AIrbnb did refund guests who could not travel due to the second lockdown in UK?  

I did call, but they said the their internal guideline does not cover my case.  Do you have a link for articles or policies for me to read? 

Again, much appreciated!

[Colleen253]

@Ningning1  After March 14th, the pandemic is not longer considered unforeseen. If a guest or host is sick with Covid, then that is covered but otherwise, you book on the understanding that your travel plans may be interrupted. When you book a listing, you agree that you have read and agree to all the terms, so you should have known your issue wouldn't be covered.

As far as Airbnb collecting the service fee 'twice' yes that is the case here, but there is nothing untoward about that. They marketed the listing to you, and handled your transaction, then they did it again for the next guest. That's what you pay the service fee for.

It's unfortunate that this host promised you something and has apparently reneged. Maybe they will come around. But please keep in mind the host was not obliged to refund you anything at all, according to the cancellation policy you agreed to at time of booking. Always do your due diligence. Know what you are signing on to. 

[Ningning1]

Thanks for the reply.  If I knew that a super host could promise me something and later refused to honour such promise, and Airbnb can do nothing, I would not have bothered cancelling the reservation at all in the first place.  

The host now not only keeps all my money but makes additional by leasing the apartment out a second time.  He promised to make "refund" on Nov. 23, which did not happen.  Then after my chase, by the end of the week of Dec. 2, again did not happen.  Then Dec. 8. the "making-up story" talk and refusal to pay.  

Now, I do not know who Airbnb classifies as super hosts, but I consider this bad-faith and ill behaviour which should shed doubts on his title. 

If Airbnb cannot even do that, I question the logic of Airbnb too.  

[Mike-And-Jane0]

@Ningning1 Whilst what @Colleen253 says about Airbnb's position is correct the position being taken by Airbnb is highly dubious under English and EU countries laws. If, after booking, the law forced you to change your plans (I'm not sure this is strictly true in your case as there is not sufficient info) then EnglishEU law says that Airbnb should refund you in full. At present, in the UK, the CMA (competition and markets authority) say one thing and Airbnb another. It will take a contested court case to sort this out which, if enough people complain, the CMA will bring. In the mean time if your contract was truly frustrated I would take Airbnb to a small claims court.

Hope this helps and I agree your host is being unreasonable. That said do recognise that the host is reasonable in not refunding Airbnb fees (host and guest) so any refund would be short around 20% if they were being reasonable.

[Helen350]

@Mike-And-Jane0 I'd thought the rules re Nov lockdown were that travellers already in their holiday accommodation when lockdown started were allowed to continue their booking? (So that only those due to arrive during lockdown were obliged to cancel?)

@Ningning1  

[Vivian1151]

Hi, This is what is happening to me right now. I was promised a refund if the place was rebooked and it was, but the host refuse to honour his words. I contacted Airbnb and they said he wants to adhere to his cancellation policy, but how about his agreement and promise on the messages!! what is the benefit of Airbnb claiming service fee - twice in my case - and monitoring the messages if this can't force the host to honour his words and still keep him as a super host!!!

[Tara916]

This is just a case of the fox watching the henhouse. Airbnb profits when hosts lie about giving refunds since they too will double their fees for booking the same dates twice. I suggest that we all file official complaints with DOJ: https://www.usa.gov/company-product-service-complaints  

This exact scenario has just happened to me. I couldn't make it to my destination and host had a no refund policy. Host then offered (I never asked for a refund) to give a partial refund if I cancelled so he could rent the apartment. He confirmed renting the apartment after I cancelled and then refused to refund anything. Airbnb support said they couldn't do anything as refunds are at the host's discretion. I forwarded all screenshots of the hosts offer. I have found the DOJ take these matters seriously whereas Airbnb support will not help - again they stand to benefit from host's bad behavior.