VRBO won't refund Sanibel stay for next week

[Anonymous]

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

VRBO has a strict policy that they are only the platform and they are not even third parties to the agreements between landlords and renters. They only handle the booking.

See my post above. OP's only recourse is to submit the case to arbitration and ask arbitration to award her back the rental costs and fees.

[Anonymous]

I just looked on VRBO and there are rentals listed on Sanibel and Captive for today! that is criminal.

[Anonymous]

Anonymous wrote:I just looked on VRBO and there are rentals listed on Sanibel and Captive for today! that is criminal.

Well I think the owner would have to pull the listing right. Maybe they are concerned about other things and just forgot? I don't know.

[Anonymous]

Anonymous wrote:I just looked on VRBO and there are rentals listed on Sanibel and Captive for today! that is criminal.

This just proves without a shadow of a doubt that VRBO does not GAF about their customer. They should proactively block new bookings for heavily damaged areas with no bridge access or power. It wouldn't take any more than a minor software adjustment.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I just looked on VRBO and there are rentals listed on Sanibel and Captive for today! that is criminal.

Well I think the owner would have to pull the listing right. Maybe they are concerned about other things and just forgot? I don't know.

in the owner's defense, some have no internet access at all, even on mainland, and likely can't control their account.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I just looked on VRBO and there are rentals listed on Sanibel and Captive for today! that is criminal.

Well I think the owner would have to pull the listing right. Maybe they are concerned about other things and just forgot? I don't know.

in the owner's defense, some have no internet access at all, even on mainland, and likely can't control their account.

Which is why VRBO should intercede in these decimated areas.

[Anonymous]

Anonymous wrote: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.

+1

AmEx is very typically very helpful in scenarios like this.

[Anonymous]

We’ll, the bridge is open (probably not “open” as in anyone can cross, but this did remind me of this thread):

https://twitter.com/scottwagnerfl/status/1579965690228146182?s=46&t=ExSK5bWWM-msf4_mKIu_Ww

[Anonymous]

Anonymous wrote:I just looked on VRBO and there are rentals listed on Sanibel and Captive for today! that is criminal.

Some of the people who posted those listings might have died in Ian.

[Anonymous]

Anonymous wrote:

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?

VRBO is an Expedia brand/subsidiary.

[Anonymous]

Can we get an update from OP?

[Anonymous]

Anonymous wrote:

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.

Check the definition of Claim. I’m not going to read it, but presumably VRBO doesn’t care about the dispute between the renter and homeowner. Would assume Claims are limited in some way to those brought against VRBO.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

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.

Check the definition of Claim. I’m not going to read it, but presumably VRBO doesn’t care about the dispute between the renter and homeowner. Would assume Claims are limited in some way to those brought against VRBO.

With Amex, the claim is between you and whoever accepted payment. It doesn't matter if VBRO thinks otherwise, it just matters that they are the ones who take the card.

[Anonymous]

Anonymous wrote:Friends of mine canceled their Florida trip that would have been right in the middle of the hurricane. VRBO said the only way they would get a refund is if they had insurance, thankfully they did. VRBO said no excuse, including mandatory evacuations would get a refund without insurance.

Makes you wonder how much of a kickback VRBO gets from the insurance companies.

We often go to FL because we have family there. I'll definitely keep that in mind.

[Anonymous]

Anonymous wrote:We’ll, the bridge is open (probably not “open” as in anyone can cross, but this did remind me of this thread):

https://twitter.com/scottwagnerfl/status/1579965690228146182?s=46&t=ExSK5bWWM-msf4_mKIu_Ww

It’s only open to residents and contractors.