Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To ask if this is a breach of contract (holiday booking)

106 replies

AudTheDeepAndCrispAndEven · 22/02/2021 20:54

Evening MNetters, In January, we booked a week's holiday in the UK for next summer through AirBnB. We surmised that foreign travel may well be off the cards this year and managed to get a reasonable deal before everyone piled in and booked up everywhere. Today, I've received a message stating that due to Covid they are no longer able to host us and that we need to cancel for a full refund. However, they then state that the property will be available to rent through an agency, and gave us the contact details. This convinces me that they retain ownership of the property and will benefit from those bookings. Am I right to presume they have seen an opportunity to make more money with a captive audience this summer, and is there any way I can hold them to honour our booking, or even the original price through the new company.
How should I proceed? I'm thinking of initially asking them for more details as to how Covid means they can't honour our booking.

OP posts:
BritWifeinUSA · 22/02/2021 22:00

[quote AudTheDeepAndCrispAndEven]@HelloThereMeHearties so you would be happy if something you'd purchased was cancelled for profiteering?[/quote]
Of course no one would. But what can you do about it? They own the property. They can cancel you for any reason whatsoever. They don’t even have to tell the truth when giving a reason. They could say they are cancelling it because they are having renovation work done or they are selling up. How would you know?

They’ve cancelled the reservation and are refunding. Crying about it won’t change that.

Unsure33 · 22/02/2021 22:09

I agree you need them to cancel . But if they give you a full refund you would have to prove you are out of pocket which might be difficult. I would check their small print .

I took Tui to court and won compensation when they cancelled and only offered me my money back . My argument was I could prove it was an unfair contract . If I had cancelled they would have kept some of my money . Plus I had to pay for full board and had other expenses .

One of my greatest triumphs 😀 and I only did it because they were so rude to me .

WhoStoleMyCheese · 22/02/2021 22:14

I'm not sure whether you can pursue any avenues other than writing to AirBnB - but in any case they can't be forced to give you your booking back?As pp have mentioned you could try claiming for being out of pocket.. unlikely for a domestic holiday

BrightYellowDaffodil · 22/02/2021 22:16

It very much depends on the contract wording but if they have the right to cancel for any reason then no, it’s not breach. It might not be fair, especially if they've found they can get a higher value booking, but it’s not breach unless there are set conditions under which the agreement can be terminated but the conditions haven’t been met.

I would, however, be very suspicious of them asking you to cancel as that may trigger a situation where they don’t have to give you back all your money. If they have the right to cancel then fair enough, but they need to be the ones to do it. If they don’t have the right to cancel then that’s their problem, not yours.

Original poster
AudTheDeepAndCrispAndEven · 22/02/2021 22:17

Interesting point that the host has asked us to cancel for a full refund, when we would get a full refund if she cancelled. So what is in it for her to avoid cancelling herself?

OP posts:
BrightYellowDaffodil · 22/02/2021 22:22

@AudTheDeepAndCrispAndEven

@rossclare has suggested above that the owner cancelling means they can’t re-let (presumably to stop the whole “I can get a better price thing”, which is not in AirBnB’s interest as people would stop booking with them if they knew there was a high chance of getting bumped for a higher value last minute booking). Whereas you cancelling means it can be re-let.

I’d hold firm and make them do any cancelling, cheeky buggers.

PearlJamButties · 22/02/2021 22:22

Get in touch with Airbnb....they won't be happy that the owner is effectively trying to get you to book through another chanel and avoid Airbnb fees.

TheyIsMyFamily · 22/02/2021 22:24

She can't relist it for that week if she cancels it, at least not through the site. Why she's trying to bully you into cancelling it AND saying you can rebook it, for more no doubt.

Refuse to cancel. Complain to Airbnb. She can cancel it and fully refund you. Or honor the booking.

Puzzledandpissedoff · 22/02/2021 22:25

We would have to pay at least double for a similar location now

That's probably why they've done it. Seeing what's happening to prices, they regret booking it out for less so want to roll the dice again (and even with an agency's higher fees they'll be quids in)

I believe - but am not sure - that it goes against AirB&B hosts if they cancel too often, so maybe that's why they want it to come from you?

BrightYellowDaffodil · 22/02/2021 22:26

Pressed submit too soon...

The only way I’d accept cancelling and rebooking with the agency would be if I had it in writing from the owner and the agency that the agency would honour the same dates, prices and booking conditions (ie same right to cancellation for you, same provision of any services/equipment etc).

MissLucyEyelesbarrow · 22/02/2021 22:26

@PearlJamButties

Get in touch with Airbnb....they won't be happy that the owner is effectively trying to get you to book through another chanel and avoid Airbnb fees.
Agree. It's probably not a breach of their contract with you, but it may well be a breach of the owner's contract with AirBnB.
MaggieFS · 22/02/2021 22:26

Let them do the cancelling.

If they then list that week elsewhere and still continue to also use Airbnb for other weeks, complain to Airbnb.

AnImposter · 22/02/2021 22:27

In 2019 we booked a hotel close to an event, think Wembley final type, before it was announced. The weekend was announced, the chain hotel cancelled our booking (and about 10 other couples) and readvertised at 3 x the price. Not just air bnb it happens at! There was uproar on Facebook about it!

OrigamiOwl · 22/02/2021 22:29

Report it to Airbnb. If there is any cancellation to be done then they need to be the ones that cancel.
It very much smacks of they think that they can re-let it for a higher price now.

Original poster
AudTheDeepAndCrispAndEven · 22/02/2021 22:31

Have contacted AirBnB with details of what has happened. Will wait and see what they say. It is very cheeky they have effectively advertised another rental company through AirBnB!

OP posts:
Doidontimmm · 22/02/2021 22:32

I used to run an Airbnb, you get sanctioned by Airbnb if you cancel guests so many times or for unacceptable reasons and it goes against you hence them wanting you to cancel.

BirdsDoIt · 22/02/2021 22:33

Airbnb also charge the host, I think, if they cancel the booking. So the owners of the property are trying to get out of this at no cost to them, basically!
You definitely need to insist that they cancel it not you, so it goes on their records.
We recently had a similar experience where a week we had booked in August 2020 for August 2021 was cancelled by the owners a couple of weeks ago because they want to stay there this summer. Near impossible to find a decent and affordable alternative now of course - it’s so annoying!!

Sapho47 · 22/02/2021 22:33

[quote AudTheDeepAndCrispAndEven]@HelloThereMeHearties so you would be happy if something you'd purchased was cancelled for profiteering?[/quote]
If you weren't happy with that why did you agree to the contract?

donewithitalltodayandxmas · 22/02/2021 22:34

I think that is the risk with air b&b
Whilst morally its wrong I don't think legally it is due to T& c

TangerineGenie · 22/02/2021 22:35

Cancelling reduces their ratings which is why they want you to do it. If they want to cancel they should be the ones to do it and take the consequences

SomersetHamlyn · 22/02/2021 22:36

No breach of contract but they need to cancel, not you. You haven't lost anything.

bloodyhairy · 22/02/2021 22:37

That's really cheeky and annoying, OP. YANBU.

maddening · 22/02/2021 22:37

Reply that if they are looking to cancel they will need to do that and provide the full refund as you do not want this on your record as you don't wish to cancel.

Then I would ask why it will be available for that week through an alternative site and why that booking is not impacted by covid.

SnackSizeRaisin · 22/02/2021 22:46

They are entitled to cancel for whatever reason, but they don't have the right to make you cancel! Plus you wouldn't get your air BnB fees back either.
Have you had a look at the agency to see if the same place is advertised for more money? It sounds like they are being rather unscrupulous.

itbereet · 22/02/2021 22:52

Prices have shot up so much this year as everyone tries to recoup their losses and take advantage of those who normally spend their money abroad. I refuse to pay these prices but others will.

We moved our 2020 holiday cottage booking to Spring Bank week this year. We realised at Christmas that they'd booked the wrong week so got in touch with them and they said we couldn't come anyway as their relatives had been living in it since last summer. Not sure when they were going to tell us!

Good luck!