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Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Legal matters

Cottage is saying we can come for Christmas anyway but offering part refund

71 replies

drspouse · 18/12/2020 07:46

We booked a cottage for a week through AirBnB. 22nd to 29 th. It's in Tier 3 and we are too.
They are not allowed to be open for all that time (and we are "advised" not to travel)
The owner has said "well the other cottage letters are coming" and won't refund.
She has offered a partial refund if we cancel entirely.
We have travel insurance that covers not being allowed to travel. But we are worried if they don't pay out we will lose it all and if we cancel and she doesn't relet the insurance won't look at our claim because we cancelled.
Any advice?

OP posts:

Report

VettiyaIruken · 18/12/2020 07:49

Talk directly to air b&b

drspouse · 18/12/2020 07:57

They say it's up to the host.

OP posts:

drspouse · 18/12/2020 08:12

Ok, so the travel insurance says "if you have to cancel" which seems to include both "writing to say you are cancelling" and "just not going".

OP posts:

ceeveebee · 18/12/2020 08:19

I would post this on Airbnb Twitter and Facebook page. They need to take responsibility and ensure that all their hosts in tier 3 areas cancel and pay the refunds, that is exactly why people book through Airbnb rather than book direct.

myhobbyisouting · 18/12/2020 08:35

There's only one day there that you aren't allowed to travel. The 29th. Or are you saying you don't want to go now?

movingonup20 · 18/12/2020 08:44

I think hotels can open at Christmas, so partial refund is correct

ceeveebee · 18/12/2020 08:52

They are only allowed to open for 23-27th. Airbnb shouldn’t be allowing bookings outside of that period.

drspouse · 18/12/2020 11:31

@myhobbyisouting

There's only one day there that you aren't allowed to travel. The 29th. Or are you saying you don't want to go now?

We are advised not to travel outside the 23rd to 27th; the Christmas relaxation is 4 nights and we booked 7.

OP posts:

drspouse · 18/12/2020 11:34

@movingonup20

I think hotels can open at Christmas, so partial refund is correct

We booked a week, not 4 nights. It's a long way and we have two DCs, one with SEN, and we have to sort out all our own food etc because my DM who lives nearby is having my DB who is quarantining at hers, so while she can visit us for meals, we can't eat at hers. 4 nights is not what we booked.

OP posts:

drspouse · 18/12/2020 11:34

@ceeveebee

They are only allowed to open for 23-27th. Airbnb shouldn’t be allowing bookings outside of that period.

Exactly. I'm not sure how AirBnB are letting them do this.

OP posts:

myhobbyisouting · 18/12/2020 11:42

"We are advised not to travel outside the 23rd to 27th; the Christmas relaxation is 4 nights and we booked 7."

Sorry. Thought you were in England

drspouse · 18/12/2020 11:46

We are in England. The Christmas relaxation is 23rd to 27th.

OP posts:

AcornAutumn · 18/12/2020 11:48

OP have you actually spoken to the insurance company?

myhobbyisouting · 18/12/2020 11:52

You need to read the guidance in full.

You can't meet your DM outside of the dates but you can travel outside of the dates you're quoting

myhobbyisouting · 18/12/2020 11:53

If necessary, you can stay in a hotel during the Christmas period, in line with the rules in your tier. This includes tier 3: Very High alert areas between 22 and 28 December, as long as you are staying by yourself, or with other members of your household.

myhobbyisouting · 18/12/2020 11:54

That is copied and pasted from the government website. It's been there since the day they announced the Christmas bubble plan

Comefromaway · 18/12/2020 11:55

As they are not allowed to be open on your check in day of 23rd and your check out day of 29th then I think they should be offering a refund. Legally whether they are entitled to only part refund I don't know.

Definitely speak to your insurance company.

drspouse · 18/12/2020 12:03

We are supposed to go on the 22nd.
AirBnB's FB page has other people being told they can't cancel for other properties where it's illegal to stay!
We can't get through to the insurance phone no but we're going to start the claim online. However we can't wait to hear from them.

OP posts:

drspouse · 18/12/2020 12:04

@myhobbyisouting

You need to read the guidance in full.

You can't meet your DM outside of the dates but you can travel outside of the dates you're quoting

You are "advised not to travel" from a Tier 3 area so that part is also against guidelines.

OP posts:

BeepBoopBop · 18/12/2020 12:09

It is not illegal to rent your house through Airbnb and they won't stop accepting bookings outside those dates as it is not only holiday makers who book them.

If you booked relatively late and the host has strict conditions on refunds, then I have little sympathy. If you booked over 6 months ago, then you could reasonably assume that your booking would be okay.

Speak to your insurance company

myhobbyisouting · 18/12/2020 12:10

No. That's not the case from 22nd to 28th.

And there are other exceptions for holiday let's and other accommodation within tier 3 too.

These restrictions on accommodation do not apply between 22 to 28 December 2020. This means that accommodation may open during this period for people to stay in order to be located near their Christmas bubbles. However other restrictions, such as those on hospitality and social contact still apply - so people cannot mix with their Christmas bubble in a hotel, for example, unless a member of their bubble lives their permanently. Please see separate guidance for more information on the rules for social contact during the Christmas period (23 to 27 December).

myhobbyisouting · 18/12/2020 12:14

You're actually making up guidelines. If you want to cancel then cancel but you'll have to go through the insurance and hope for the best.

Accusing air b&b whilst wilfully misinterpreting guidelines is just silly.

I'd ask for a refund for 29th and travel 22nd to 28th but I can see why the owner isn't happy with giving a full refund for the sake of that final day

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drspouse · 18/12/2020 12:19

The law says that holiday accommodation in Tier 3 must close. The regulations include holiday apartments. We did look this up before contacting the host...

OP posts:

myhobbyisouting · 18/12/2020 12:23

No it doesn't. There are exceptions for which they can continue to provide accommodation. One of them is to enable people to visit their Christmas bubble. This exception applies from 22nd to 28th inclusive.

You can ask for the 29th refunded and it sounds like the host is amenable to that anyway.

myhobbyisouting · 18/12/2020 12:25

I have some interest in this I destroy and also we have been in tier 3 for a very long time.

The guidance is clearly there on the government website and has been since you booked it

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