One 100-year-old oak tree crashed down on the initial day of a vacation. Moments after James and his partner Andrew had finished eating breakfast on the terrace, the massive tree destroyed their table and chairs and crushed their rental car's windscreen.
The rental cottage in Provence, France was covered by branches that broke the living room window and damaged the roof. "I was certain the ceiling would collapse," James recalls. "If it had fallen minutes earlier, we could have been critically hurt or killed."
Had it come down moments earlier we would have been seriously injured or killed
Emergency repairs took 24 hours after the host hauled the tree off the property, but the traumatized couple worried the building might be structurally unsound and decided to reserve a hotel for the rest of their week-long stay.
The booking platform showed little concern. "We understand this may have created some disruption," wrote the first of many identical automated messages before concluding the unresolved case with a cheerful "Keep safe. Stay healthy."
The host also showed little concern. "All that happened was you experienced a loud sound and saw a tree resting on the terrace," she replied to the couple's refund request. "You have chosen to remember the anxiety and distress rather than celebrating a unique memory."
Summer Vacation Problems Surface
Now that the summer season has ended, numerous holiday horror stories are coming to light.
Unlucky travelers report being trapped inside or unable to enter their rental – when it existed – or abandoned at night in unfamiliar cities when it did not. Accounts include dirty bedrooms, dangerous equipment and illegal sublets. One common factor connects these spoiled holidays: they were booked through digital reservation services that declined refunds.
The growth of rental platforms has led to a increase in travelers arranging their own holidays. These platforms display global property listings on their platforms and guarantee to satisfy travel dreams on a limited funds.
Consumer protections, though, have not kept pace with their widespread use.
Legal Loopholes
Package-deal customers have legal recourse for holiday nightmares under consumer travel regulations, but those who reserve accommodation through third-party platforms find themselves dependent on their host's cooperation.
Some platforms promote additional protections, but your contract is with the individual or business providing the accommodation.
James and Andrew had spent £931 for their week in the Provençal cottage and when they felt sufficiently endangered to return, ended up paying twice that for a hotel. They have yet to receive notification about whether they are responsible for the damaged rental car. Despite the platform's guarantee program to reimburse customers for major issues, the company stated it was up to the host to agree a refund; the host claimed the decision was the platform's.
After two and a half months of similar automated messages in response to James's complaint, the platform announced the case had dragged on long enough and summarily closed it. The host decided that since repairs had cost her €5,000 (£4,350), she would not be offering a refund either. She suggested that instead the couple commemorate their survival and "turn the event into a positive story."
The platform eventually issued a complete reimbursement along with a £500 voucher after questions were raised about its health and safety policies.
Trapped
Kim Pocock used a booking platform to reserve a flat for a weekend stay in Barcelona. She and her daughter were left trapped the property for the majority of their only full day in the city after a safety lock on the front door failed.
"The host sent a repair person, who was could not to help," she says. "Finally they sent a locksmith who attempted for multiple hours to fix the lock from the outside. He had to buy a rope, which he threw up to our window and we hoisted up a tool and tools. With us prying the lock from the inside and the locksmith hammering it from the outside, we eventually managed to remove it. It turned out unfastened bolts had jammed the mechanism. By then it was almost 4pm."
We would have been at grave danger if there had been an emergency while we were locked in, yet the host faulted us for using the lock
Pocock requested a full refund to compensate her spoiled trip and the stress. The booking platform indicated this was at the discretion of the host. The host not only declined, but kept her €250 deposit to pay for the replacement lock. The deposit was finally returned by the platform but Pocock felt she was owed the €446 rental cost.
Another platform customer, Philip, was trapped outside the London flat he reserved for £70 when, upon attempting to check in, he found the lockbox empty. The owners informed him they were abroad and could not help and suggested him to locate alternative accommodation for the night. He paid an extra £123 on a hotel room and has spent the intervening four months attempting unsuccessfully to get this refunded.
"The platform has essentially said that as the owner isn't responding to them there's nothing they can do," he says. "I can't comprehend how a business can operate this way with no accountability. The additional disappointment is that the property in question is still being advertised on the platform."
The platform refunded both customers after intervention. The company verified the host who had locked Philip out of his rental had failed to its questions. When asked why dishonest accommodation providers were not removed, it said customers should review guest feedback to ensure a property was "suitable for them."
Rating Processes
Reviews do not always tell the complete picture. A previous consumer report highlighted that one platform's default system was displaying reviews it considered "relevant." This means that it is easy for users to miss a current flood of reviews warning that a listing is a fraud or not available.
The platform countered that customers could readily organize reviews by the newest or worst ratings so as to make their own choice on a property.
The same report stated that listings that had been multiple times reported as scams were not removed. The platform responded that it depended on hosts to follow its terms and conditions and ensure that availability was up to date.
Legal Uncertainty
The issue for travelers who do not get what they expected is that their legal agreement is with the accommodation provider rather than the booking platform.
Major platforms commit to help find other accommodation in an crisis, but getting payment for a interrupted stay is a more difficult battle. Both typically rely on the owner to do what's fair.
The sector needs greater regulation, according to consumer advocates. "Since online platforms essentially police themselves, the only option if the dispute isn't resolved is lawsuits," analysts say. "But who against? As the contract is between you and the host you'd have to take court proceedings in their country."
They continue: "You could argue that the online marketplace didn't manage to look into your complaint properly and try to pursue them, but this is a legal uncertainty. Both firms are registered abroad and have significant financial resources."
Government authorities say new consumer protection legislation requires online platforms to "exercise professional diligence" in relation to consumer purchases advertised or made on their platforms.
A spokesperson says: "Authorities are on the side of consumers and we have implemented tough new fines for violations of consumer law to safeguard people's funds."
They continued: "Companies selling services to domestic consumers must follow national law, and we have strengthened regulatory authorities' powers to make sure they face substantial penalties if they do not."
