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Refund for overseas transaction, might class as fraud

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Lord Percy
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PostPosted: 11:21 - 25 Oct 2016    Post subject: Refund for overseas transaction, might class as fraud Reply with quote

Really not sure where I stand with this. I fear I'll be the losing party but it really doesn't seem right.

So a fair few of you know I'm Peter Panning and decided to live at my parents house this year to save money. With the massive extra funds and studenty free time I figured I'd take myself back to China for the month long winter break over December.

Found this place on AirBnB. Note the location on the map. Screenshot below:

https://i65.tinypic.com/vh9bmw.png

So I booked it.

I then looked into how to get to the place.

Turns out it's here:

https://i68.tinypic.com/2505chj.png

The listing only had one review and it was positive, but after looking at other reviews for similar properties owned by the same woman, it seems tons of people are saying they were shocked to discover the location was so much further out than expected, thanks mainly to the misleading map in the listings they saw.

As a defence, the listing does say which tube station it's near, but it doesn't at all tally up with the location on the map, and in fact the place isn't even near a tube station. Just look at the map!

I messaged the host and asked to cancel because of this. She said that's fine. The problem however is that I booked 30 days which made it a "Long Term" cancellation policy, meaning that any booking has to forfeit the first month's payment. For me, this means the whole and only month I'm staying.

It's possible to manually request a cash transfer between hosts and guests, so I've done this to request my money back. She said this was fine also. I'm currently twiddling my thumbs and waiting for a response regarding my money. The problem is that she could bail and that be the end of it.

What riles me is that I made this booking then less than ten minutes later I want to cancel and find I potentially could lose all of it.

Does anyone know where the law stands here? Most things seem to have a 'cooling off' period, and even then it seems absurd that the process can't be cancelled just 5 minutes after me committing to it.

It might still right itself - I'm just assuming the worst - but, given the information so far, I'm wondering what grounds I have to call my bank and have the transaction cancelled from my credit card as the advert was essentially fraudulent. It just seems a bit of a quagmire because the person receiving the money is Chinese, the company is American, and I'm here in the UK. As far as I'm aware, AirBnb are the ones with my cash right now as they don't release funds to the landlord until 7 days after I've arrived, or something like that. (Even if the refund goes smoothly, AirBnB still keep the £40 booking fee they took, which seems almost criminal to me since I cancelled just moments after paying).

Arguably I should have read the small print, but then arguably the advert showed central Beijing which is false advertising. It's like me advertising a place in London then saying, "Located in Inverness, just a short walk from Westminster." Surely this isn't right.

Also I have messages from her saying she's fine with the cancellation and fine with the refund request. Problem is there's an eerie silence now, even though she was instantly replying before (been about 14 hours since, all of which were daytime hours in China). Do our messages class as some sort of verbal agreement too which can be used as evidence in some way?

Advice much appreciated, cheers Thumbs Up

EDIT: AirBnB offices are based in Ireland.


Last edited by Lord Percy on 11:55 - 25 Oct 2016; edited 1 time in total
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Wonko The Sane
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PostPosted: 11:42 - 25 Oct 2016    Post subject: Reply with quote

credit card or debit card?

the advert was misleading and lead you to think it was much more centrally located (perhaps not deliberately fraudulent)

Have you contacted Air BnB? what have they said?

If no joy with them then I'd be looking at chargeback from the bank / card provider
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Lord Percy
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PostPosted: 11:49 - 25 Oct 2016    Post subject: Reply with quote

Update: Got a response from the host. Says she's gonna called the AirBnB help service tomorrow (evening in China now). Fair enough I suppose. Any response is more promising than silence.

AirBnB make it notoriously hard to contact them. I need to wait 72 hours since opening the refund case with the host, after which I can bring AirBnB into it. If the host accepts the refund situation I'll get the ~£300 back but still AirBnB will walk away with their £40 cut, happily assuming the situation was resolved amicably (which means I can't take it further and contact them directly), meanwhile they've still robbed me of £40 due to a false advert...

I've had trouble with them before and kicked up a stink which was eventually sorted, with a £20 goodwill voucher chucked in too. But that time the host really was an outright crook. This time it's a little bit more touch and go, a possible case of "buyer beware".

Re: the advice I gave in this thread - I take it all back! Laughing

I paid on credit card. Is there a time limit, or rules of some sort, on this 'charge back' route?
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iooi
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PostPosted: 12:05 - 25 Oct 2016    Post subject: Reply with quote

Lord Percy wrote:

I paid on credit card. Is there a time limit, or rules of some sort, on this 'charge back' route?


You have 120 days from the date of her saying she is refunding.

I would get her to confirm that she is going to refund you..

ie
Hi xxx
Can you confirm that you have refunded my credit card end 1234 £xxx on whatever date.

In reality this is the only way you will get any joy out of your credit card co.

I take it the payment is showing on your statement as AirBnB. If it is then you kissed CCA75 good bye as their is no creditor/debtor link, because you used a 3rd party to take the payment that is not providing the service.
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Lord Percy
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PostPosted: 12:12 - 25 Oct 2016    Post subject: Reply with quote

Very helpful, cheers.

I'll have to wait a while until it's office hours in China so she's had her chance to make the phone call. When I get in touch I'll be sure to word it as best I can so as to get her commitment to the refund in writing.

One problem with saying "£XXX to card number -XXXX" is that I doubt she sees any of my card number anyway so it'll be useless info to her. It'll be automated at the back end via AirBnB so officially worded requests needed to be sent to them I expect.

To be honest I'm leaning more towards trusting her at the moment as she could have just gone silent from the start. More annoying is that I'm very likely going to lose the service charge from AirBnB.

Also, statement shows AirBnB Thumbs Up :

https://i67.tinypic.com/2wmdxlc.png
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Rogerborg
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PostPosted: 12:18 - 25 Oct 2016    Post subject: Reply with quote

Lord Percy wrote:
Says she's gonna called the AirBnB help service tomorrow

She's seen the error of her ways and today marks the end of her career as ruthless grasping liar?
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Lord Percy
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PostPosted: 12:41 - 25 Oct 2016    Post subject: Reply with quote

Rogerborg wrote:
Lord Percy wrote:
Says she's gonna called the AirBnB help service tomorrow

She's seen the error of her ways and today marks the end of her career as ruthless grasping liar?


True enough, she could still bail.

If so, I'll just go the credit cardy route and try to get the full amount back.

At least her responses, whether lies or not, are useful as evidence to show that the refund was supposed to be in the pipeline.

Also my optimism comes from the fact that she has multiple properties on there and the reviews (English, traveller types with no incentive to lie) have said she's a really nice person.

The listing is quite possibly another error on the part of AirBnB, where she's put the property as being in Chaoyang, and the map automatically showed the Chaoyang region most people think of. But in reality half of Beijing is Chaoyang.

Time will tell; fingers still crossed.

EDIT: Actually sod it I'm being too kind. The big blue circle on that map, within the red region, shows clearly that she's entered a very specific spot for the address.

Can only wait until her next contact anyway, or until 72 hours since the refund request was put in.
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iooi
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PostPosted: 14:24 - 25 Oct 2016    Post subject: Reply with quote

Lord Percy wrote:


If so, I'll just go the credit cardy route and try to get the full amount back.


Good luck on that one Wink

Stuff like this is one reason that I will never use one of these sites. As any (money link) is to the 3rd party site. Who are only providing the service of moving the money... Nothing else.
You are at their mercy....

NO CCA, as no breach of contract or misrepresentation.
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Ste
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PostPosted: 14:56 - 25 Oct 2016    Post subject: Reply with quote

iooi wrote:
Stuff like this is one reason that I will never use one of these sites. As any (money link) is to the 3rd party site. Who are only providing the service of moving the money... Nothing else.
You are at their mercy....

From the reviews you can get some of idea of what to expect. Wink

Peter wrote:
The listing only had one review and it was positive, but after looking at other reviews for similar properties owned by the same woman, it seems tons of people are saying they were shocked to discover the location was so much further out than expected, thanks mainly to the misleading map in the listings they saw.
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Monkeywrenche...
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PostPosted: 15:10 - 25 Oct 2016    Post subject: Reply with quote

Lord Percy wrote:
So I booked it.

I then looked into how to get to the place.

Turns out it's here:


Is part of going back to uni acting like an 18 year old? Any reason you wouldn't want to know how to get to a place before confirming and paying to go there?
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Polarbear
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PostPosted: 15:16 - 25 Oct 2016    Post subject: Reply with quote

I have to sme extent agree with above. Surely you check where the place is, how to get there before booking.

That said, she has misled you.
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Lord Percy
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PostPosted: 15:18 - 25 Oct 2016    Post subject: Reply with quote

Monkeywrencher wrote:
Lord Percy wrote:
So I booked it.

I then looked into how to get to the place.

Turns out it's here:


Is part of going back to uni acting like an 18 year old? Any reason you wouldn't want to know how to get to a place before confirming and paying to go there?


No the specific address and directions aren't given until it's booked. On first glance all you get is the big blue circle on the map (central Beijing) and whatever vague details the host puts down.

In this case, the listing said "Caofang metro station", which admittedly I should have looked into further but since the mapped location was surrounded by subway lines I figured it would be somewhere around the displayed region.

Turns out the location isn't even near Caofang station anyway.

So whatever point you're trying to make about "being 18 again" is bollocks, cheers.
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Monkeywrenche...
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PostPosted: 15:22 - 25 Oct 2016    Post subject: Reply with quote

Lord Percy wrote:


So whatever point you're trying to make about "being 18 again" is bollocks, cheers.


Dance!
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Polarbear
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PostPosted: 18:32 - 25 Oct 2016    Post subject: Reply with quote

Lord Percy wrote:

No the specific address and directions aren't given until it's booked.


That seems rather bizarre! I'd want to know exactly where it is in relation to why I am going there.
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Chinaboy
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PostPosted: 18:56 - 25 Oct 2016    Post subject: Reply with quote

Percy, I know that you probably want to be staying towards the inner of Beijing, but on the grand scale of things, it's not so far away and for the price not so bad. If you go by bus or train it is cheap enough to travel around, the most difficult thing is finding someone who speaks good enough english to actually give you the right bus location.

Having lived in China for a few years, you could find this area far more interesting than all the tourist spots. Local food, sights and people are much better away from the main centre.

But if you want somewhere closer, and your refund, I understand. Whatever you do, you will have a great time. I am hoping to be back next year for work.
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wr6133
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PostPosted: 19:28 - 25 Oct 2016    Post subject: Reply with quote

Did you honestly think you'd be staying almost in the forbidden city for £18 a night? Laughing

The location isn't as bad as it seems though, public transport in Beijing is 1000000 million times easier than it used to be.
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iooi
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PostPosted: 20:37 - 25 Oct 2016    Post subject: Reply with quote

Polarbear wrote:
Lord Percy wrote:

No the specific address and directions aren't given until it's booked.


That seems rather bizarre! I'd want to know exactly where it is in relation to why I am going there.


That is crazy...You at least need to know the location.

You could end up with any dump..... Laughing
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Lord Percy
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PostPosted: 20:52 - 25 Oct 2016    Post subject: Reply with quote

Chinaboy wrote:
Percy, I know that you probably want to be staying towards the inner of Beijing, but on the grand scale of things, it's not so far away and for the price not so bad. If you go by bus or train it is cheap enough to travel around, the most difficult thing is finding someone who speaks good enough english to actually give you the right bus location.


I can speak Chinese Thumbs Up

Quote:

Having lived in China for a few years, you could find this area far more interesting than all the tourist spots. Local food, sights and people are much better away from the main centre.

But if you want somewhere closer, and your refund, I understand. Whatever you do, you will have a great time. I am hoping to be back next year for work.


I agree it would be cool to try living there but the one annoying factor is that one of these reviews for her other properties said that the buses to get to the tube station stop at 8pm, which gives an immediate sense of remoteness to me.

Plus it would be an ultra disappointment if it turned out to be one of those new plain homogeneous builds popping up all over China, miles from anywhere and dead as soon as the day ends. You probably know the sort of place I mean - wide, vacant roads, almost as dull in the daytime, zero food variety, scarce public transport, etc.

Just trawled through all the reviews of her other properties. I get the impression she's bought a load in one block and runs it as a hotel of apartments.

Some reviews say to absolutely not go there, while others say the exact opposite. Probably depends on what the guests were wanting to get out of their stay.

Given that my plan was to use the free time to mostly prepare for January exams, practise Chinese and then just see mates on the weekend, I'm leaning towards changing my mind and giving this place a shot. Really fear it'll be dull as dishwater though.


wr6133 wrote:
Did you honestly think you'd be staying almost in the forbidden city for £18 a night? Laughing


In summer I found a few hotels around the Gulou area for cheaper than that.

AirBnB tends to be the same price as, or less than, hotels, but offers full apartments, and it's a whole new concept in China so you can find places for dirt cheap, like I already did several times over summer. So yes, £18/night in that location seemed plausible.

To be honest the bigger risk in China's AirBnB market doesn't seem to be what's happened to me here, it's people who advertise a 'full apartment' but shove 10 bunk beds in there and put 'dorm' in the small print.

iooi wrote:
That is crazy...You at least need to know the location.

You could end up with any dump..... Laughing


It's like this for every place. Basically the host takes pictures to give a feel of the place, but the map just shows a vague blue circle. I'll be landing back in the UK on December 30th to do new year in London with brothers and mates. We'll be doing AirBnB there too and the risks are exactly the same. I happen to be learning those risks the hard way right now Very Happy
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iooi
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PostPosted: 05:29 - 26 Oct 2016    Post subject: Reply with quote

Lord Percy wrote:
I'll be landing back in the UK on December 30th to do new year in London with brothers and mates. We'll be doing AirBnB there too and the risks are exactly the same. I happen to be learning those risks the hard way right now Very Happy


Be very careful. As there has been issues where people have been letting flats that they are not entitled to under their leases.....
Result someone gets kicked out... Embarassed
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Lord Percy
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PostPosted: 12:42 - 26 Oct 2016    Post subject: Reply with quote

iooi wrote:

Be very careful. As there has been issues where people have been letting flats that they are not entitled to under their leases.....
Result someone gets kicked out... Embarassed


Yeah, kind of stuck between a rock and a hard place now.

Not a fan of AirBnB at all now, but the new years plan is all sorted (you need to buy tickets in advance to see the fireworks in the public areas alongside the Thames!) so it's all happening, just the accommodation isn't sorted and all non AirBnB options are a small fortune. Probably will give them one more shot but will be ultra meticulous with details beforehand.
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Ste
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PostPosted: 16:22 - 26 Oct 2016    Post subject: Reply with quote

Lord Percy wrote:
Yeah, kind of stuck between a rock and a hard place now.

Not a fan of AirBnB at all now

At least next time you'll read the reviews before booking. Wink
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Tarmacsurfer
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PostPosted: 17:37 - 26 Oct 2016    Post subject: Reply with quote

Lord Percy wrote:
Not a fan of AirBnB at all now


I've used it a couple of times myself (Japan, two separate lets) and have a huge number of mates who use it as first port of call whenever they travel.

The only country any of them have had problems with is the UK.

My limited experience was great, both places were far cheaper than other options, clean and well presented and the host/owner was quick to respond to any questions or problems.

I think Ste makes a fair point Laughing
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Lord Percy
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PostPosted: 12:51 - 31 Oct 2016    Post subject: Reply with quote

Quote:
A refund of £335 has been issued to your credit card (MASTER 3318) for reservation DEEA82 at 朝阳区6号线地铁草房附近温馨公寓I 套 (you originally paid £335). While this refund is immediate on our part, it can take up to 5 business days for the funds to reach your account.

Thanks,
The Airbnb Team


Dance!

And the place I complained about now shows the correct location on the map. Down go her earnings Laughing Cool
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Rogerborg
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PostPosted: 13:29 - 31 Oct 2016    Post subject: Reply with quote

Cultural imperialist! Tut Tut
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iooi
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PostPosted: 15:58 - 31 Oct 2016    Post subject: Reply with quote

Lord Percy wrote:
Quote:
A refund of £335 has been issued to your credit card (MASTER 3318) for reservation DEEA82 at 朝阳区6号线地铁草房附近温馨公寓I 套 (you originally paid £335). While this refund is immediate on our part, it can take up to 5 business days for the funds to reach your account.

Thanks,
The Airbnb Team


Dance!

And the place I complained about now shows the correct location on the map. Down go her earnings Laughing Cool


Glad you got it sorted. Thumbs Up
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