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Travel Discussion
Reply to "VRBO won't refund Sanibel stay for next week"
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[quote=Anonymous][quote=Anonymous]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? [/quote] OP, the Terms and Conditions of your contract are here: [url]https://www.vrbo.com/legal/terms-and-conditions[/url] 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: [quote][b]Any and all Claims will be resolved by binding arbitration, rather than in court,[/b] 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. [b]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.[/b] 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. [b]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.[/b] The Federal Arbitration Act and federal arbitration law apply to these Terms. An arbitration decision may be confirmed by any court with competent jurisdiction.[/quote] 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.[/quote]
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