Booking.com customers who book accommodation with private hosts rather than hotels are being warned they could face significant difficulties securing refunds if things go wrong. Several travellers have shared their distressing experiences with the Guardian, revealing that the platform's terms mean the contract is between the guest and the host, not Booking.com itself.
Booking.com's Terms: The Contract Is With the Host
According to Booking.com's terms and conditions, when a customer makes a booking, the agreement is directly with the service provider—the host. The company explicitly states: "When you make (or request) a booking, it’s directly with the service provider – we’re not a ‘contractual party’." This means that in disputes over refunds, the host's policies and decisions take precedence, leaving many customers in a precarious position.
Consumer campaigner Martyn James highlights the legal uncertainty surrounding these arrangements. "This hasn’t really been tested in law massively, but I’d be willing to bet that the courts would take a dim view of the businesses operating in these grey areas," he says. This lack of legal precedent leaves many customers without clear recourse when they encounter problems.
Real-Life Horror Stories: Unsafe Conditions and Forced Relocation
One Booking.com user described a particularly troubling stay, saying: "The host was unfriendly … We had genuine concerns about raising complaints directly. We were forced to find and pay for alternative accommodation for the remaining four nights at a further cost of £334." This additional expense came on top of the original booking, highlighting the financial impact of such disputes.
Another traveller recounted a more serious safety issue: "The main reason we left was because we didn’t feel safe. The electrical faults and wooden staircase, with no discernible fire escape, were not an option, and we were not prepared to put our family at risk." In this case, Booking.com's response was to point out that it "facilitates reservations between guests and accommodation partners, and in refund matters we are bound by the property’s policies and their final decision on waiving fees."
Booking.com's Response: Advocacy and Resolution
In response to the Guardian's investigation, Booking.com defended its role, stating: "We’d expect our accommodation partners to be on hand for guests during their stay, but if there is an issue at check-in, customers should contact us as soon as possible." The company emphasised its willingness to assist: "As well as relocations, we can also advocate on their behalf and raise issues directly with the accommodation provider, and work to reach a resolution. If there are repeated issues with a property, we can and will address these with the accommodation owner to ensure future guests have a good experience."
However, for many customers, this support has not translated into refunds, leaving them out of pocket and frustrated.
Expert Advice: Book Direct for Better Protection
Martyn James advises consumers to use aggregator sites like Booking.com for comparison but to consider booking directly with the hotel. "I use these [aggregator] sites to compare and contrast, then look into booking direct," he says. "If you call the hotel, you might even get a discount from them for doing so." This approach can offer more direct recourse and often better customer service.
He also warns about the risks of booking private apartments, where fraudulent listings have been known to appear. "Watch out for private apartments, though. This is where fakes have lurked, and any firm that asks you to pay by bank transfer knows that you can’t recall the money if things go wrong." Bank transfers offer little protection compared to credit card payments, which may provide additional consumer safeguards.
Practical Steps for Booking.com Users
For those who do book through Booking.com, experts recommend taking several precautions. Always read the property's cancellation and refund policies carefully before booking. Document any issues during your stay with photographs and written communication. Contact Booking.com immediately if you encounter problems, as they may be able to advocate on your behalf. And consider using a credit card for payment, as this can offer additional protection under consumer law.
While Booking.com remains a popular platform for finding accommodation, this warning serves as a reminder that the legal landscape for host bookings is complex. As Martyn James notes, the courts may eventually clarify these grey areas, but until then, travellers should be cautious and informed.
