VRBO won't refund Sanibel stay for next week

[Anonymous]

Anonymous wrote:OP here.

Like I said before, there is no legal contract that I can find anywhere. There was the 60-day cancellation policy listed when I booked, but there is nothing like a rental contract in either my emails from when I booked, or on VRBO.com for my reservation either.

I clicked a button on a website and my CC was charged. I never saw nor was provided anything approaching a contract. So how do you adjudicate this when there is no actual contract?

Just my two cents OP, not a lawyer (although I work with a lot of them and have a good idea of how they approach things generally). The lack of a complete contract probably helps you and sort of makes your situation revert to fundamental contract law: you paid for something which can no longer be provided to you. I would say that to the owner, and ask for the refund, and say that if they choose not to refund you, you will dispute the charge on your credit card, for services not rendered as promised.

To be clear, this is what I think is reasonable and will probably work in your situation. Don't know every possible in and out of the legal path.

[Anonymous]

Anonymous wrote:OP here.

Like I said before, there is no legal contract that I can find anywhere. There was the 60-day cancellation policy listed when I booked, but there is nothing like a rental contract in either my emails from when I booked, or on VRBO.com for my reservation either.

I clicked a button on a website and my CC was charged. I never saw nor was provided anything approaching a contract. So how do you adjudicate this when there is no actual contract?

You don’t. It’s renter beware with these sites. You can try to take it to small claims court I suppose but ultimately you are probably just out the money.

[Anonymous]

buyer beware - The rules were in the paperwork - should have read them.

[Anonymous]

Anonymous wrote:Send an email to a bunch of senior executives Expedia, including their CEO. Trust me.

OP, did you do this?

[Anonymous]

Anonymous wrote:This condo is listed as minor damage.

https://twitter.com/sellingsanibel/status/1578748709806166016?s=46&t=Kgx3Ys98PgAS7m5aB9cpXQ

So there is power and water?

[Anonymous]

Anonymous wrote:I am really confused how you booked for Sanibel during hurricane season without hurricane insurance.

It’s risky, but depending on the policy this may not have covered them anyway. Some really only cover you for the period during the storm, not weeks later because the property is damaged. It just really depends.

[Anonymous]

OP dispute it with your cc company. I did this when I *HAD* a contract for a house in OBX. They were entitled to my deposit but I disputed it and I won. To my surprise.

Worth a try.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Six months ago we booked a long weekend on Sanibel island next week. Even if the condo we booked wasn't damaged by Ian, there is no power or water, the only road to the island was destroyed, and even if you arrived by boat, the authorities are only letting local residents collect their belongings and then leave again.

The property manager says "reservations are non-refundable." I escalated to VRBO and they said "refunds are up to the owner, we can't help you."

Am I taking crazy pills? How can someone keep my $2,000 when they are physically and legally unable to provide the service I paid for?

I will dispute with my CC next, no idea if they will take my side.

https://shorttermrentalz.com/news/hurricane-ian-airbnb-vrbo-refunds/

This is ridiculous. Call their bluff. Say you are planning to arrive on check in day, and you expect the property will be "as advertised" when you booked it. Meaning: accessible by car, electricity, water, a pool, restaurants close by, etc. Ask them to verify all these things are STILL TRUE and you will come (which you won't, you're calling their bluff). Screen shot the listing before you do this.

Exactly. You aren't cancelling - THEY ARE because they can't provide the accommodation you contracted for.

I agree with this rationale.

[Anonymous]

Anonymous wrote:Stop booking vacations to hurricane zones during hurricane season. Acts of God are not always included in Force Majeure when it’s a known and likely risk.

-Someone who lives in a hurricane zone

+1

[Anonymous]

Anonymous wrote:We had a hotel in a foreign country try to pull this on us. We had booked and pre-paid, and then COVID hit. US citizens (and all foreigners) were barred from going to that country and hotels were legally barred from renting rooms to foreigners. They refused to refund us. We disputed with our CC and won.

That same scenario happened to us with our 2020 trip to Barcelona, except in our case the owner refused to refund until it became clear and official that travel was shut down to Spain. THen the refund went through easily and there were no more issues. This was AirBnB.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Send an email to a bunch of senior executives Expedia, including their CEO. Trust me.

OP, did you do this?

Why would OP contact Expedia?

[Anonymous]

Anonymous wrote:OP here.

Like I said before, there is no legal contract that I can find anywhere. There was the 60-day cancellation policy listed when I booked, but there is nothing like a rental contract in either my emails from when I booked, or on VRBO.com for my reservation either.

I clicked a button on a website and my CC was charged. I never saw nor was provided anything approaching a contract. So how do you adjudicate this when there is no actual contract?

OP, the Terms and Conditions of your contract are here:
https://www.vrbo.com/legal/terms-and-conditions

Essentially they say that your agreement is a two party agreement between you and the home owner and that VRBO is not a third party to the contract.

However, there is a clause in the terms that say disputes will be handled by Arbitration:

Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, users or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Terms, regardless of whether prior versions of the Terms required arbitration.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms as a court would.

Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Arbitration Consumer Rules (together, the “AAA Rules”). Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this section. If your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed upon location.

By agreeing to arbitration under the AAA Rules, the parties agree, among other things, that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive power to rule on any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim

Prior to beginning an arbitration proceeding, you must send a letter describing your Claims to “HomeAway Legal: Arbitration Claim Manager”, at Expedia, Inc., 1111 Expedia Group Way, Seattle WA 98119. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA's rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.

Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to these Terms. An arbitration decision may be confirmed by any court with competent jurisdiction.

So, you need to find an arbiter and contact VRBO as the terms and condition specify and then send your claim to arbitration against the homeowner. That is your legal recourse.

[Anonymous]

Anonymous wrote:

Anonymous wrote:This condo is listed as minor damage.

https://twitter.com/sellingsanibel/status/1578748709806166016?s=46&t=Kgx3Ys98PgAS7m5aB9cpXQ

So there is power and water?

And the local authorities have authorized non owners to come to the island? Doubt it. Call their bluff.

[Anonymous]

Is this VRBO taking the position or the owner. There should be class action.

[Anonymous]

Only owners allowed.

VRBO will argue force majeure excuses their breach. So this is the problem with prepaying.

https://www.mysanibel.com/news-announcements/news/information-for-sanibel-residents-businesses-and-property-owners-who-wish-to-access-sanibel-on-or-after-october-5-2022