Are you entitled to a holiday refund?
I found, on a website, what seemed like a spacious and attractive holiday cottage near the beach, booked it online and paid for it, but when I got there it was pokey, dirty, badly maintained and kilometres from a beach. I did not stay there. What can I do to get my money back?
This is not an uncommon problem, particularly around holiday season, and it doesn't really matter whether you booked your dream holiday cottage yourself online, through a travel agent or through a real estate agent - the remedies are much the same.
Booking holiday accommodation is covered by the provisions of Australian consumer law in relation to representations made and guarantees given. In this case the representations made to you on the website are the key to your remedy.
Had you booked the accommodation through a real estate or travel agent, both of whom must meet certain criteria to satisfy their licence requirements, you would first try to resolve your complaint through those agents (who would take it up with the owner). If that failed, you would then take it to Fair Trading's dispute resolution process.
With direct booking, you go straight to Fair Trading if your attempt to resolve the problem with the owner fails.
For the next booking, if it's at all possible you should aim to pay only a deposit to hold the booking and pay the balance after you have visited the house. Then if you are disappointed with what you see you have a smaller amount to recoup.
However, close to Christmas or Easter holidays you often can't avoid having to pay the full rental in advance to secure the booking.
If the house is not up to standard when you get there, take a photo of it to assist in resolving the dispute.
How could I protect myself better in future?
As with any online transaction for goods or services, a fair bit of homework is essential to protect yourself against losing your money. You need to ask more questions than if you book through an agent, who is expected to know what questions should be asked ahead of making the booking.
That means obtaining the owner's name, address and phone number, and you should email or phone the owner with any questions about the house, keeping notes of what is said in any phone conversation, ahead of paying money.
Questions should include whether you are required to clean the house after use, if you are up for any gas and electricity bills and what happens if any equipment or furniture is damaged or breaks down.
Who pays for the plumber or electrician in an emergency? What other costs might be incurred? Are you expected to replenish any firewood you use?
You should also check with the owner about the refund policy if you get there and find that the house is not up to scratch. Read the rental agreement.
It's a good idea to check feedback posted on the website by previous renters. Print a copy of the information and check to ensure that the website is safe for you to use your credit card for payment.
If charges are made subsequently that are not detailed in the terms and conditions of the agreement, ask the owner for clarification.
My attempt to resolve the problem with the owner has failed. What do I do next?
Contact the Fair Trading office in your state. You can find contact details for Fair Trading on our Help Page in the magazine.
What do I need to provide to Fair Trading to resolve my complaint?
Put your complaint in writing and keep a copy. This can be done via email. The outline of your complaint should be brief, but should include all essential details: your contact details, current date, date of the rental, how much was paid, to whom, by what method, the owner's contact details, the address of the property, what was wrong with it and the redress sought.
You should also attach a printed copy of what is on the website, any brochures you received about the house and any photos you took when you viewed it.
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