Stag do booking on airbnb

jk3nny

Hi all,

I booked a stag do on airbnb in Nov 2020 which was set for the weekend of July 2nd. The booking was for 16+ people so cannot go ahead as planned now.

I am eligible for a 50% refund according to the host's policy. Airbnb are offering to mediate but at this stage it is unclear if they will fight my corner.

The question that I have is regarding section 75 of the consumer credit act. Back in November I paid the deposit for the booking on my debit card. The final instillment is due tomorrow. Is it possible that I could make that payment using my credit card and then pursue a full refund via section 75?

I foolishly did not take out travel insurance - so I'm unsure of my options.

Thanks in advance!

[Deleted User]

Section 5 only gives you the same rights against the lender as you have against the retailer - nothing additional.

So if you're due a 50% refund, that is all you would get via section 75.

jk3nny

On the receipt* it clearly says it's a booking for 16 guests. So on the basis that what I paid for cannot be legally delivered (as described) - am I not covered here?

* The receipt is for the deposit which I paid for on my debit card. Again, I am wondering if I make the second payment with my credit card - will section 75 apply to the first payment as well? Seeing as it is part of the same booking...

[Deleted User]

You're covered for having 16 guests and the property needs to be able to accommodate those 16 guests.  

If they can't accommodate that many, then you're due a refund.  But if they can but you cancel because your configuration of those guests is not allowed, then you're subject to their cancellation policy.

Section 75 applies if any part of the booking is made by credit card (subject of the min and max values of the product or service).

But  But if you choose to make up those 16 guests in a configuration which isn't allowed, then no.

jk3nny

They can't accommodate that many - as it is now clearly illegal to do so. Below is from gov.uk

Businesses should not intentionally facilitate gatherings that breach legal gathering limits.

You must take all reasonable steps not to take bookings for a greater number of people than is permitted, or allow such groups to enter. You should also ensure that customers are aware of the rules on gathering limits and what this means in your facility.  

macman

You could in theory pay just a further pound towards the balance on your CC to get full S75 cover for the entire booking cost. But, if you do that, they will probably say you are in breach of contract because you have failed to pay the balance owing on the due date.

[Deleted User]

It's not clearly illegal.  It depends on the composition of the group.

Meeting friends and family indoors (rule of 6)

It is safer to meet people outdoors. This is because COVID-19 spreads much more easily indoors. However, you can meet up indoors with friends and family you do not live with, either:

• in a group of up to 6 from any number of households (children of all ages count towards the limit of 6)
• in a group of any size from up to two households (each household can include an existing support bubble, if eligible)

Speak to them - you may find they're willing to show some goodwill. And if not, you have the confirmed 50%.

k3lvc

jk3nny said:

They can't accommodate that many - as it is now clearly illegal to do so. Below is from gov.uk

Businesses should not intentionally facilitate gatherings that breach legal gathering limits.

You must take all reasonable steps not to take bookings for a greater number of people than is permitted, or allow such groups to enter. You should also ensure that customers are aware of the rules on gathering limits and what this means in your facility.  

You're being very selective with your extracts from gov.uk to suit your purposes. At the time the booking was placed it will have been accepted in good faith and you accepted the T&C's. Given from your previous post this is the 2nd year of trying to do this I'd have thought more due diligence or an agreement with the owner that if rules didn't allow you could have a full refund.

As it stands the property is still available, legally, for 16 people - just not the 16 people that you were planning to be there (e.g you could take 16 from 2 households/support bubbles and still be 'legal')