QLD Rip-off homestay in Brisbane

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Rowan

Active Member
18 August 2017
14
0
31
I booked a week stay at a 'homestay' in Brisbane, from the 31/1/19-7/2/19 and paid a week's rent in advance. The owner also asked for $100 'damages payment' to be paid in cash on arrival.
In the 31st at the bank in Brisbane, the bank refused the $100 withdrawal using cardless cash, da saying that I'd already used my limit of 3 withdrawals per day. No I had no idea of this limitation and the next morning the bank staff didn't seem to know anything about this either.
Texted the property owner to explain and ask if the payment could be paid on the following morning and he said '''No".
My phone died whilst I was trying to call him to ask about a time tomorrow to arrive with the cash. Had no way to contact him as my phone would not recharge at all, and couldn't find a contact number on the internet either.
So I took a bus to the house next day, 1/2/19, with this $100 + suitcase and backpack, hot day, and no sleep since 9am the morning before this,,, only to have him accuse me of being unreliable, untrustworthy, and say to me, you contact me saying you've got no money, can't pay the bill, asking me to help you, and I don't trust you! So I've contacted booking. Com and cancelled the booking on the grounds that this is a "no-show".
He would not listen to me when I attempted to explain what had really happened, and that I'd been unable to contact him due to dead phone (well I had asked Vodafone to check the phone the next morning and was told it wouldn't charge and the battery had gone so it wasn't going to work).
He just walked away inside the house refusing to answer my question about "well what are you doing about rent as I've paid a week's rent,). Booking. Com says I didn't show up on the actual day so he is allowed to keep the rent as the terms were, no refund if you cancel. I didn't can cancel, he did. I did contact him and tell him that I was on my way there. I did stay with the terms.
Is he legally allowed to take my payment, and rebook someone else for the same time with rent from them also, whilst ii myself am out of pocket, replacing my phone, and having such difficulty with every single thing including having to carry a heavy backpack and suitcase everywhere whilst I sort out this new phone and find somewhere else to stay? And that I cannot really afford either. This person stood inside his ford smirking smugly and lying to me whilst humiliating me.
Is this legal?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,726
1,056
2,894
www.hutchinsonlegal.com.au
Enquire at QCAT, I suspect you have a reasonable chance of getting your money back.