VRBO won't refund Sanibel stay for next week

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:My experience with hurricane insurance is that it also protected me when St Thomas got hit by a hurricane. I was able to get back the entire cost of my trip, it was not about my ability to travel.
Hurricane insurance in the OBX protected me when I had to leave mid way through my trip due to a hurricane.

Regardless, if the landlord cannot provide the rental that the OP contracted for, OP should be able to get a refund. The house is simply not habitable. A landlord, short term or long, has to provide things like electric, water, doors that open and shut and lock, no health hazards.

The issue is a little more complicated here, and basically comes down to a game of chicken where the owner likely has the upper hand. Right now, OP does not know if the unit itself is damaged, and does not know if it will be without power/water on her arrival day. Therefore, if she wants to cancel in advance, that will lean toward the burden being on her because it’s not been established that the unit will be uninhabitable. If neither cancels but OP is not able to get to Sanibel for reasons having nothing to do with the unit itself, that likely would also be on her for these purposes because, even if the unit is fully useable, OP will be the one who didn’t show up. If OP shows up for her rental but the unit is uninhabitable, then she has a stronger argument for a refund but she would have to go through a lot of effort to establish that.

The OP needs to contact the owner daily asking for an update of these things. If the owner cannot provide assurances that the house is accessible and inhabitable yet still refuses to provide a refund, OP should leave a review for that ourtlines all this and then work through their credit card company. OP do you have chaw sapphire by chance? It may take a while but they are pretty good to work through.

My guess is that the owner has no plans to rebuild and rent again and this is a last gasp to recover some funds. Most vacation house owners I know understand the risks of owning a house in such an area and would not want to tarnish their reputation for a few thousand bucks.

The whole area is in chaos - who knows if even the property manager has been able to contact the owner.

[Anonymous]

Anonymous wrote:I don’t know what the right answer is— I just don’t think it’s an open and shut as some people say.

Yes it is.

The state of the property does not matter. It's a disaster area with ongoing RESCUE OPERATIONS.

There is no access to the area except by boat, right?

Was that in the listing? That you'd need a boat? No? Well, that's the answer.

[Anonymous]

Anonymous wrote:

Anonymous wrote:My experience with hurricane insurance is that it also protected me when St Thomas got hit by a hurricane. I was able to get back the entire cost of my trip, it was not about my ability to travel.
Hurricane insurance in the OBX protected me when I had to leave mid way through my trip due to a hurricane.

Regardless, if the landlord cannot provide the rental that the OP contracted for, OP should be able to get a refund. The house is simply not habitable. A landlord, short term or long, has to provide things like electric, water, doors that open and shut and lock, no health hazards.

The issue is a little more complicated here, and basically comes down to a game of chicken where the owner likely has the upper hand. Right now, OP does not know if the unit itself is damaged, and does not know if it will be without power/water on her arrival day. Therefore, if she wants to cancel in advance, that will lean toward the burden being on her because it’s not been established that the unit will be uninhabitable. If neither cancels but OP is not able to get to Sanibel for reasons having nothing to do with the unit itself, that likely would also be on her for these purposes because, even if the unit is fully useable, OP will be the one who didn’t show up. If OP shows up for her rental but the unit is uninhabitable, then she has a stronger argument for a refund but she would have to go through a lot of effort to establish that.

Again, only if their is no force majeure clause in the rental agreement.

[Anonymous]

VRBO and Airbnb are garbage companies that don't care about owners or renters. User beware.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:My experience with hurricane insurance is that it also protected me when St Thomas got hit by a hurricane. I was able to get back the entire cost of my trip, it was not about my ability to travel.
Hurricane insurance in the OBX protected me when I had to leave mid way through my trip due to a hurricane.

Regardless, if the landlord cannot provide the rental that the OP contracted for, OP should be able to get a refund. The house is simply not habitable. A landlord, short term or long, has to provide things like electric, water, doors that open and shut and lock, no health hazards.

The issue is a little more complicated here, and basically comes down to a game of chicken where the owner likely has the upper hand. Right now, OP does not know if the unit itself is damaged, and does not know if it will be without power/water on her arrival day. Therefore, if she wants to cancel in advance, that will lean toward the burden being on her because it’s not been established that the unit will be uninhabitable. If neither cancels but OP is not able to get to Sanibel for reasons having nothing to do with the unit itself, that likely would also be on her for these purposes because, even if the unit is fully useable, OP will be the one who didn’t show up. If OP shows up for her rental but the unit is uninhabitable, then she has a stronger argument for a refund but she would have to go through a lot of effort to establish that.

Again, only if their is no force majeure clause in the rental agreement.

Maybe don't take legal advice from someone who doesn't know the difference between "their" and "there". OP, the owner is not going to be able to perform. There is no reasonable way you will be expected to pay for a rental that is not inhabitable. It may take some time, but as others have said, challenge the charge through your credit card.

[Anonymous]

I own rental property managed by a realty, and in their process you have to decline the insurance three times before it lets you reserve. They encourage us not to refund if the renters choose not to purchase it. The insurance would pay in full for OP’s refund because she is not allowed on the Island.

Buy the insurance always! Especially during hurricane season!

[Anonymous]

Anonymous wrote:I own rental property managed by a realty, and in their process you have to decline the insurance three times before it lets you reserve. They encourage us not to refund if the renters choose not to purchase it. The insurance would pay in full for OP’s refund because she is not allowed on the Island.

Buy the insurance always! Especially during hurricane season!

I don't get this. Shouldn't YOUR insurance pay for loss of income? Maybe you should have bought that rider.

[Anonymous]

Anonymous wrote:

Anonymous wrote:There may be some kind of act of God line in your contract. That being said tell them your next call is to local media and it’s their move. They are a corporation exploiting a natural disaster.

Local media will side with the local property owner who shows up on camera with a signed contract and a harrowing story of survival.

LOL, no they won't.

[Anonymous]

People this is simple. You press VRBO until they cave, and they will cave at some point. It's about the right pressure points. VRBO should eat this. Instead they are being jag-offs on behalf of the owner because they don't want to lose their cut. You call them out however it has to be done and threaten multiple lines of attack. This absolutely can be won in OPs favor, as it should.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I own rental property managed by a realty, and in their process you have to decline the insurance three times before it lets you reserve. They encourage us not to refund if the renters choose not to purchase it. The insurance would pay in full for OP’s refund because she is not allowed on the Island.

Buy the insurance always! Especially during hurricane season!

I don't get this. Shouldn't YOUR insurance pay for loss of income? Maybe you should have bought that rider.

It’s not relevant. It’s how realties work. The risk is on you. I don’t have skin in this game but I think DCUMers clearly aren’t as aware of this problem as they should be!

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP here.

I can't find any info on the condition of the development I was going to stay in to judge its condition after Ian but I did find this video of a neighboring condo (~250 yards down the beach from my booking, which was also beachfront):

https://www.reddit.com/r/Sanibel/comments/xtvlde/footage_of_sanibel_siesta/

As to the contract, I can't even find an actual legal contract on VRBO for my booking. Does anyone know where on the website it is? All I see are the "cancellation policies" which is the standard "60 day policy":

- 100% refund of amount paid if you cancel at least 60 days before check-in
- No refund if you cancel less than 60 days before check-in

Where is the actual rental contract? I don't have it in my email from when I made the booking either.

Even if I go to make a new booking next year, at no point in the checkout process do I see a link to the actual contract (obviously I am not finalizing the checkout process).

I can find the general VRBO terms and conditions, but they relate to the VRBO platform and have nothing to do with the actual rental contract itself: https://www.vrbo.com/legal/terms-and-conditions

There is no VRBO "contract." If the owner has his/her own contract incorporated into their listing you are given a chance to see the contract and then agree to it when you make your booking. If the owner has no contract (other than their listed cancellation policy) that you agreed to when booking then each party is on their own as to whether a refund is appropriate. IN that circumstance the credit card company would seem to the entity that would make the ultimate decision.

I am a 17-year VRBO owner and this post is exactly right and it is also the reason that I have my pwn Rental Agreement that every VRBO tenant signs via DocuSign so that the exact terms of our respective obligations are clearly spelled out. In my rental agreement, I am contractually obliged to provide a fully habitable home otherwise I have to refund the rent.

lol dumb, why would you make your own rental agreement that puts the owner at full risk., its also against the terms of service for airbnb and vrbo so if something goes wrong you are going to have a mess

[Anonymous]

Anonymous wrote:I own rental property managed by a realty, and in their process you have to decline the insurance three times before it lets you reserve. They encourage us not to refund if the renters choose not to purchase it. The insurance would pay in full for OP’s refund because she is not allowed on the Island.

Buy the insurance always! Especially during hurricane season!

You do understand that's because your relator is getting a kick back from that insurance company, right? This has nothing to do with protecting the renter or even you... You should probably check out your contract iwth them. If they encourage you to decline a refund and you get sued and lose, I bet they're still not on the hook for your fees.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I own rental property managed by a realty, and in their process you have to decline the insurance three times before it lets you reserve. They encourage us not to refund if the renters choose not to purchase it. The insurance would pay in full for OP’s refund because she is not allowed on the Island.

Buy the insurance always! Especially during hurricane season!

You do understand that's because your relator is getting a kick back from that insurance company, right? This has nothing to do with protecting the renter or even you... You should probably check out your contract iwth them. If they encourage you to decline a refund and you get sued and lose, I bet they're still not on the hook for your fees.

Life lesson, buy trip insurance especially during hurricane season it's only a few hundred

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:My experience with hurricane insurance is that it also protected me when St Thomas got hit by a hurricane. I was able to get back the entire cost of my trip, it was not about my ability to travel.
Hurricane insurance in the OBX protected me when I had to leave mid way through my trip due to a hurricane.

Regardless, if the landlord cannot provide the rental that the OP contracted for, OP should be able to get a refund. The house is simply not habitable. A landlord, short term or long, has to provide things like electric, water, doors that open and shut and lock, no health hazards.

The issue is a little more complicated here, and basically comes down to a game of chicken where the owner likely has the upper hand. Right now, OP does not know if the unit itself is damaged, and does not know if it will be without power/water on her arrival day. Therefore, if she wants to cancel in advance, that will lean toward the burden being on her because it’s not been established that the unit will be uninhabitable. If neither cancels but OP is not able to get to Sanibel for reasons having nothing to do with the unit itself, that likely would also be on her for these purposes because, even if the unit is fully useable, OP will be the one who didn’t show up. If OP shows up for her rental but the unit is uninhabitable, then she has a stronger argument for a refund but she would have to go through a lot of effort to establish that.

Again, only if their is no force majeure clause in the rental agreement.

Maybe don't take legal advice from someone who doesn't know the difference between "their" and "there". OP, the owner is not going to be able to perform. There is no reasonable way you will be expected to pay for a rental that is not inhabitable. It may take some time, but as others have said, challenge the charge through your credit card.

You are 100% wrong.

[Anonymous]

"Whether a disappointed vacationer is entitled to a refund depends, in most cases, on what the rental contract has to say. Although many states have statutes that cover this situation when the lease doesn't address it, and general principles of law will kick in when both the contract and state law are silent on the issue, there's usually nothing wrong (or unlawful) with landlords and tenants coming up with their own solutions in the lease. In the majority of cases, a judge will enforce the rule found in the lease."

https://www.nolo.com/legal-encyclopedia/hurricane-ruined-vacation-rental-65359.html

In North Carolina for example, a tenant is NOT entitled to a refund if they declined insurance through the rental agency, by law.

ALL that matters is what OP agreed to/did not agree to when she booked the property. The condition or accessibility of the property is not really that relevant in this case, depending on the agreement.