In reality, this doesn’t happen because if renters show up and the property is uninhabitable, they will complaint to VRBO/Airbnb, likely get their money back under the policies, and the owner can be banned from using the service again. The issue right now is the timing where the owner may be in a bind because, if they cancel the reservation now but their unit would be inhabitable next week, their insurance won’t pay anything for the business income loss and it will all come out of their pocket. If the owner does not know what the status will be at the time of OP’s reservation next week but had reason to hope the unit will be inhabitable at that point, they basically need to keep the reservation unless/until they know it won’t be inhabitable for OP’s reservation. OP can wait and see what happens next week and hope the owner cancels first so she gets her refund, but if she goes ahead and cancels now, she may be stuck paying anyway. |
| If OP has plane tickets, etc., they could still go to Florida. There are places that have been minimally impacted and those businesses need the money. I'm sure there are cancellations that they could pick up. From there, OP can make a better case of "trying" to get to Sanibel, which obviously OP won't because that would be ridiculous. |
Not feelings. The rationale behind what insurance covers what losses. Trip insurance isn't a panacea. The owner needs its own insurance. |
| One approach to get your money back may be to tell the hosts you’re coming. Tell them when you’re arriving and ask if there is anything of danger on the property that you should know about while you wait for entry. Also ask how safe the boat is to sanibel while the causeway is out of commission. Basically ask a bunch of safety questions. You’re trying to make the point that they are taking on a legal liability by having you travel to their property. |
The house may be in perfect condition, it may not be, but OP is the one who is canceling, so it doesn't matter. |
It’s quite obvious you have no understanding of force majeure. This is exactly when it would apply. |
Will the causeway be repaired by next week? Hard to believe the owner actually thinks tourists will be let on to the island in a week’s time… |
Let’s say 2 months from now then. Would it make a difference if the rental period was in the last week of November (technically hurricane season) or the first week of December? I’m sure there a number of folks who booked for the holidays who obviously would not have purchased hurricane insurance. |
The owner doesn’t need to believe this. VRBO’s policy excludes refunds for hurricanes in Florida. |
Fortunately, credit card issuers require refunds when services paid for are not provided. Their contracts override VBRO contracts when there is a conflict (also in the credit card contracts) |
I was responding to the propose theory that the owner is waiting to see what conditions are like next week. That’s not what’s happening. |
Absolutely not. If you have a binding agreement that clearly spells out the obligations of each party then the credit card company will stay out of the dispute -- as the terms of your private contract is binding. It is where there is no contract or the contract does not address the issue that the credit card company and its terms may come into play. -a lawyer |
Your credit card company goes by their merchant agreement in adjudicating a dispute and those clearly require refunds when services paid for are not provided |
| OP you are going to have to update us to how this plays out. |
DP. First, the rental agreement probably doesn’t include an agreement to provide OP with transportation to Sanibel, so that’s not enough to get the credit card company to reverse the charge if OP cannot demonstrate that the other party did not provide what they actually did contract to provide, which presumably was an inhabitable unit in Sanibel. Second, OP is unlikely to get any help from her credit card company if she submits the dispute now, because the other party has not refused or failed to provide the agreed-upon unit as of the agreed-upon date. OP will need to wait until after the rental date to demonstrate actual failure to provide it rather than anticipated failure to provide. |