Reply to VRBO won't refund Sanibel stay for next week

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]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[/quote]

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.[/quote]

If you accept payment via credit card, you've agreed that their agreements supersede yours  [/quote]

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[/quote]

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 [/quote]

Not if in your contract you agreed to pay with no refunds or exceptions for Acts of God.  
[/quote]

Amex's merchant agreement specifically prohibits those clauses [/quote]

Source for that?  As I recall from when I dealt with them, the only requirement was that refund policies be “fair” (which was not defined and thus could be considered ambiguous), clearly discolored and in compliance with applicable law. [/quote]

"An Advance Payment Charge is a Charge for which full payment is made in advance of your providing the goods and/or rendering the services to the Cardmember.
Advance Payment Charge procedures are available for custom-orders (e.g., orders for goods to be manufactured to a customer's specifications), entertainment / ticketing (e.g., sporting
events, concerts, season tickets), tuition, room and board, and other mandatory fees (e.g. library fees) of higher educational institutions, airline tickets, vehicle rentals, rail tickets, cruise line
tickets, lodging, travel-related services (e.g., tours, guided expeditions). For an Advance Payment Charge, you must (i) state your full cancellation and refund policies, (ii) clearly disclose your
intent and obtain written consent from the Cardmember to bill the Card for an Advance Payment Charge before you request an Authorisation, which consent must include: (a) the
Cardmember's agreement to all the terms of the sale (including price and any cancellation and refund policies), and (b) a detailed description and the expected delivery date of the goods and /
or services to be provided (including, if applicable, expected arrival and departure dates); (iii) obtain an Authorisation Approval; (iv) complete a Charge Record. If the Advance Payment Charge
is a Card Not Present Charge, you must also ensure that the Charge Record contains the words “Advance Payment” and within twenty-four (24) hours of the Charge being incurred, provide the
Cardmember written confirmation (e.g., email or facsimile) of the Advance Payment Charge, the amount, the confirmation number (if applicable), a detailed description and expected delivery
date of the goods and / or services to be provided (including expected arrival and departure dates, if applicable) and details of your cancellation / refund policy. [b]If you cannot deliver goods and /
or services (e.g., because custom-ordered merchandise cannot be fulfilled), and if alternate arrangements cannot be made, you must immediately issue a Credit for the full amount of the
Advance Payment Charge which cannot be fulfilled. [/b]In addition to our other Chargeback rights, we may Chargeback for any Disputed Advance Payment Charge or portion thereof if, in our sole
discretion, the dispute cannot be resolved in your favour based upon unambiguous terms contained in the terms of sale to which you obtained the Cardmember's written consent."[/quote]

“and if alternate arrangements cannot be made” is doing a lot of work here (if this agreement even applies; there are different merchant agreements).  Offering to let OP rebook the unit for a later date is an “alternative arrangement” for use of the unit. [/quote]

arrangements being made implies agreement of the parties. A property rental for a one week is not fungible with a rental for another week[/quote]

Not necessarily.  This happens all the time with entertainment and sporting events that are rescheduled.  As long as the policy is disclosed, it is permissible under the merchant agreements to transfer a ticket holder’s ticket to the rescheduled date without offering a refund.  If the ticket purchaser cannot or does not want to attend on that date, it is on them to resell or transfer the ticket to someone else if they want, but they cannot get a refund on the ticket.

So once again, we come back to the rental agreement providing the answer.  Without knowing the terms, we are all speculating. [/quote]

I've done multiple chargebacks for that reason and have won every single one of them [/quote]

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