Had a medical emergency and never stayed but host is charging still

[Brian2591]

Please someone help me out here…

 for my 40th birthday my wife decided to book an Airbnb and get a bunch of my friends together and organize a card game for my birthday. Unfortunately, the Saturday before I had a heart attack while working out on a treadmill. I ended up spending the next three days in the hospital recovering, therefore, we were not able to make the stay. We reached out to the host they ignored us. We reached out to Airbnb and provided documentation proving I was in the hospital they ignored us. I charged back the charge with Discover and they are now telling me the host is claiming we stayed at the property , my question is, isn’t there someway for the host to prove I was there since they’re claiming I was? This was literally our first business transaction with Airbnb or any vacation rental site for that matter. . So I’m pretty green here. 

 If not, I would like to sue the host in small claims court. How would I go about getting their information from Airbnb?

[Helen3 · Accepted solution]

Hello @Brian2591 

I am sorry to hear you became ill and that the host did not respond to your wife's contact with them saying you wouldn't be able to travel. What cancellation policy did she book under??

I would suggest to your wife who made the booking that she claims on your travel insurance which is designed to cover just this sort of situation.

I can't understand why your wife felt it appropriate to do a charge-back in this situation -  if the host was simply enforcing the cancellation policy your wife chose to book under.

You would obviously have no grounds for making a small claims court application as you did not make the booking and your wife would have no grounds if the host simply enforced the cancellation policy your wife booked under, just as you would not be entitled to a refund for a non refundable airline or concert ticket.

[John5097]

@Brian2591 

I'm also very sorry about your sudden medical emergency.

I'm sorry but this isn't clear. So you are saying that your wife reached out to Airbnb and canceled the reservation a week prior to the stay? 

"Unfortunately, the Saturday before I had a heart attack while working out on a treadmill. I ended up spending the next three days in the hospital recovering, therefore, we were not able to make the stay. We reached out to the host they ignored us. We reached out to Airbnb and provided documentation proving I was in the hospital they ignored us."

It's not clear when you canceled? You are saying your wife contacted Airbnb 3-7 days prior to the reservation and Airbnb wouldn't cancel the reservation?  

First the cancelation policy you or your wife booked under would apply. 

If guest don't cancel at all, and not show up, that means the host also can't rebook the listing. This would be the most difficult  situation. Host  aren't obliged to refund but it is an option and many host will refund their payout if they can rebook the nights, (which doesn't include fees and taxes collected by Airbnb.)  

There is travel insurance option. Guest have that option when making the reservation. Although even then, I would assume there would be some kind of time limit where the guest would need to cancel the trip, and make a claim.

I realize there was a lot going on but moving forward its is very easy to cancel a reservation. 

You can learn more about Cancellation Policy and Extenuating Circumstances Here. This applies to host as well. Host also incur hefty fees and penalties if they don't honor a reservation even if they can't host because of sudden illness or injury. 

https://www.airbnb.com/help/article/1320

This is what isn't covered and was updated in about 2020. 

"What is not covered

Everything else. This Policy only allows for cancellations for the Events described above. Everything else is excluded. Examples of situations that this Policy does not allow cancellations for include: unexpected disease, illness, or injury; government obligations like jury duty, court appearances or military duties; travel advisories or other government guidance (that fall short of a travel ban or prohibition); cancellation or rescheduling of an event for which the reservation was made; and transportation disruptions unrelated to a covered Event like road closures, as well as flight, train, bus and ferry cancellations. If you cancel a reservation in these cases, the amount refunded will be determined by the cancellation policy that applies to the reservation."

[John5097]

Anther Help article 

https://www.airbnb.com/help/article/1339

Canceling a trip due to extenuating circumstances

Not to worry. If you need to cancel your reservation because of an emergency or unavoidable circumstance, we can help:

1. Read our Extenuating Circumstances Policy to check if you’re covered
2. Make sure you have any required documentation available
3. Cancel your stay or Airbnb Experience by selecting I have an extenuating circumstance
4. Contact us to file a claim, and we’ll walk you through the next steps, which will include submitting any required documentation and waiting for our team to review your case

Important: Claims must be submitted within 14 days of cancellation.

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[Brian2591]

Thank you very much for your well written replies. After reading the extenuating circumstances clause, i’ve realized I’m simply out of the money. Something for me to think about next time. I’m sure if I had booked a stay at the Hilton and had a heart attack, regardless of their cancellation policy, they would have made an attempt to make it right. Who knows?

[John5097]

@Brian2591 

Once again that's a tough situation. I think it's best for host to reach out as soon as possible if guest don't check in. I've only had one guest not show up. Canceled on the second day of a 6 night stay. I was able to rebook the remaining nights. I did reach out to her and issued refund for the nights I rebooked.

From a host perspective it can be challenging as host doesn't know if the gust has travel insurance or was already refunded by Airbnb.

I still think it's best to reach out though. Each listing is also different. Whole houses would be more difficult to rebook. Mine is just an apartment and I can usually rebook it so try to keep reservations less than 5 days to have more flexibility. 

Once again that is a tough situation. And really hope you make a full recovery. 

[Pat271]

@Brian2591 

Lesson learned: Always accept the travel insurance offered during the booking process, or obtain it through a reputable insurance company. You take a gamble by ignoring the option.

[Helen3]

I wouldn't make an assumption that a hotel with a non refundable policy would refund you if you become ill and can't travel. @Brian2591 

Taking out travel insurance when you travel is the best way to protect yourself against losing money if you have to cancel a booking because of illness.

[Mike-And-Jane0]

@Brian2591 your illness is certainly unfortunate but the host is well within their rights to charge for the stay. If your wife had cancelled in good time then many hosts would refund to the extent that they manage to rebook the space. By not cancelling the space is unable to be rented and the payment is due.

You could try the small claims court but you would lose and add extra costs to your experience.

Finally I realise you have lost out here but the alternative is for the host to lose out - Neither are pleasant I am afraid.