AirBNB full refund not a full refund

Supersonos

I booked an Air BNB and then found somewhere better. I booked it knowing I would get a full refund from the first place, and then went on to cancel the first booking. This all happened in the space of about an hour.

But the refund was minus £32.

Turns out, after much digging into T&Cs, although I cancelled within 48hrs which would allow me a full refund: "It isn’t refundable if the guest cancels a reservation that overlaps with any part of an existing reservation."

It could've told me that before it accepted the second reservation.

Do you think this seems fair? I don't mind paying the £32 if I'd been aware upfront, but this seems a bit underhanded (and a great way to make sure my first time using AirBNB is my last!).

theonlywayisup

Supersonos wrote: »

It could've told me that before it accepted the second reservation.

It doesn't know that your subsequent booking is a replacement.....that aside, I don't know the T&C of AirBNB but did it say you would get a full refund?

Supersonos

theonlywayisup wrote: »

It doesn't know that your subsequent booking is a replacement.....that aside, I don't know the T&C of AirBNB but did it say you would get a full refund?

Yep - a full refund if cancelled within 48hrs, and full refund minus the "service fee" up to five days before the date of the booking. It even had a handy graphic with a green tick. All very positive and consumer friendly...

"Cancellations
Moderate - Free cancellation for 48 hours
After that, cancel before 3:00PM on Jun 22 and get a full refund, minus the service fee."

theonlywayisup

Have you been onto Airbnb? Perhaps they split the refund part, I don't use it so don't know how it works.

Edit to add, I just tried a booking and cancellation and got

Cancellations
Strict - Free cancellation for 48 hours
After that, cancel before 2:00PM on 6 May and get a 50% refund, minus the service fee.

You need to get in touch and ask them for the full refund, perhaps leave it 24-48 hours?

brianposter

You could point out that having a T&C which conflicts with more obvious statements about the terms is not acceptable in the UK.

agrinnall

brianposter wrote: »

You could point out that having a T&C which conflicts with more obvious statements about the terms is not acceptable in the UK.

Irrelevant as Airbnb operates under Irish law.


21. Applicable Law and Jurisdiction

These Terms are governed by and construed in accordance with Irish law.


https://www.airbnb.co.uk/terms#eusec21

brianposter

agrinnall wrote: »

Irrelevant as Airbnb operates under Irish law.


21. Applicable Law and Jurisdiction

These Terms are governed by and construed in accordance with Irish law.


https://www.airbnb.co.uk/terms#eusec21

The T & Cs cannot exclude local law, and in fact they make it clear that they do not do so;


" These Terms are governed by and construed in accordance with Irish law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Irish law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence........."

agrinnall

brianposter wrote: »

The T & Cs cannot exclude local law, and in fact they make it clear that they do not do so;


" These Terms are governed by and construed in accordance with Irish law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Irish law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence........."

Good point, although of course it could be that Irish law is more beneficial to the OP than UK law - I'm no expert in either, but my knowledge of Irish law is even less than it is of UK law.

DoaM

Consumer legislation is largely harmonised across the whole of the EU, so the provisions under Irish law will be largely the same as those under UK law. Either way, if the poster of #5 confirms which part of UK legislation they are referring to then OP could use that.

brianposter

DoaM wrote: »

Either way, if the poster of #5 confirms which part of UK legislation they are referring to then OP could use that.

It is not legislation, it is a string of court cases which it would take some time to find - even in the days of the internet, finding court cases seems to be difficult.
However I think the OP can reasonably make the statement without finding the precedents. How would you interpret a contract which says different things in different places ?

DoaM

Perhaps you're meaning the Interpretation Act 1978? Or are you thinking of Contra proferentem?