Hurricane evacuation florence

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Sep 21, 2018
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#1
I rented a weekly vacation condo from village realty in the outer banks. I stayed 2 nights and was forced to evacuate due to hurricane florence. I was told by village realty I wont get a refund so I filed a dispute with the credit card company. What are my chances of winning?
 
Mar 14, 2018
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#2
North Carolina has a law that specifically addresses this: https://ncrecblog.com/hurricanes-evacuations-and-vacation-rentals/

Summary: If you were offered travel insurance, you are not owed a refund. If you were not, they owe you 5/7 of the rental fee.

If you are not owed a refund, you will probably lose your dispute. And even if if you win, you will still owe Village Realty the rent and they can pursue you via collection agencies, court and your credit report.
 
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Mar 14, 2018
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#3
North Carolina has a law that specifically addresses this... If you were offered travel insurance, you are not owed a refund. If you were not, they owe you 5/7 of the rental fee.
Here is Village Realty's rental agreement: https://www.villagerealtyobx.com/vacation-rental-agreement-terms-conditions

Section 6 states:
6. HURRICANE REFUNDS - Pursuant to Senate Bill 974, G.S. 42A-36, there are no refunds to inclement weather including hurricanes. TRIP CANCELLATION and INTERUPTION INSURANCE IS AVAILABLE. Refer to the front of this lease agreement for further information.​
And according to their travel insurance page, they prompt you to accept or decline travel insurance when you make your reservation and again specifically state "We strongly urge you to consider this insurance when planning your Outer Banks vacation. NO REFUNDS WILL BE MADE FOR HURRICANE EVACUATIONS WITHOUT TRIP CANCELLATION INSURANCE."

Assuming they actually presented you with this agreement, it looks like Village Realty is correct that you are not due a refund. When they show this agreement and the NC law to your credit card company, you will probably lose your dispute.
 
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Sep 19, 2015
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#4
Given what SMD has posted I would say your chances of winning are slim to none as long as the company responds. If they do not respond the company can still send collection agencies after you.

Do you have any travel insurance?
 
Jul 30, 2018
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#5
I have rented with OBX Village Realty before; they're a great source for Outer Banks rentals. I can confirm that there is a specific prompt on the online reservation form that advises you that there are no refunds in the event of a mandatory hurricane evacuation and that trip cancellation/interruption insurance is available. You must check a box acknowledging that you understand and agree to this in order to continue the booking process. I presume that You did not have insurance and that's why you filed a credit card dispute. You will certainly lose this dispute.

A recurring theme on this forum is that travel insurance is a necessity, not a novel idea. Even more important is purchasing travel insurance for a vacation in a hurricane prone area during the peak of hurricane season.
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
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www.promalvacations.com
#6
A recurring theme on this forum is that travel insurance is a necessity, not a novel idea. Even more important is purchasing travel insurance for a vacation in a hurricane prone area during the peak of hurricane season.
I agree with you. We see countless instances of people declining travel insurance and then wanting refunds when things happen that the insurance covers.

Chances of winning the dispute? Probably very little especially when the realtor shows the cc company that you must check off the box that you understand there are not refunds for hurricanes to even make a purchase.

If you are spending thousands on a vacation- you should purchase insurance. It doesn’t matter that you are healthy. If I had a nickel for every time someone said that I’d be rich. Insurance is meant for unexpected health emergencies, someone in your immediate family dying, losing your job, and weather incidences.

The fact that they clearly display the hurricane warning right in the disclaimer you have to check off to purchase - there is no excuse to expect a refund if you opted out.

https://forum.elliott.org/threads/the-right-travel-insurance.1283/
 
Likes: Patina

jsn55

Verified Member
Dec 26, 2014
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#7
This is our "tough love" advice, Bmac. It's reality ... people who rent out their properties are "doing business". There's no more reason the property owner and/or agent should lose income from a hurricane than the renter should. I remember the years before I became involved with this forum ... buying travel insurance was just not on my radar. After all, nothing terrible had ever happened, so why should I buy travel insurance in insure a specific trip? I've been educated, but I do understand where you're coming from. It's bewildering to be evacuated by a hurricane and lose the money you paid for a property. But that's why insurance is offered. The insurance company takes the risk so neither of you gets harmed.