False advertising

Question

I booked a condo on VRBO. The listing was for 2 bedrooms with a loft. When you click on Rooms and beds they listed Bedroom 1 - Queen Bed, Bedroom 2 - Queen Bed, Bedroom 3 - 2 twin beds. It turns out Bedroom 1 is the living room with a sofa bed. Am I correct that this is false advertising and they should cancel my booking and issue full refund? 
I asked the host for a full refund and they want to charge me 7% fee. I do not agree as this was their mistake. Am I correct?

Leon Bayer · Answer

I agree with you! If this happened to me, I would cancel, refuse to pay them anything, and wait for the credit card statement to arrive and immediately dispute the charge. I would also call VRBO immediately to complain about a false and misleading listing.

James L. Arrasmith · Answer

False advertising occurs when a company or individual makes misleading or false statements in advertising or marketing materials with the intent to deceive or mislead consumers. In your case, it appears that the VRBO listing for the condo you booked was misleading in its description of the bedrooms and beds. 
 
If the listing clearly stated that there were two bedrooms and a loft, and the Rooms and Beds section listed three separate bedrooms with specific types of beds, then it is reasonable for you to assume that there were, in fact, three separate bedrooms. If it turns out that one of the "bedrooms" is actually the living room with a sofa bed, then this would be a misrepresentation of the property and could be considered false advertising. 
 
If you believe that the listing was misleading and that you were misled into booking the condo, you may be entitled to a full refund. You should first contact the host to explain the situation and request a full refund. If the host is unwilling to issue a full refund, you may need to escalate the issue to VRBO customer support or file a dispute with your credit card company if you paid with a credit card. 
 
Regarding the host's request to charge you a 7% fee for canceling the booking, this would depend on the terms of the booking agreement and cancellation policy. If the host's cancellation policy allows for a fee to be charged for cancellations, then they may be within their rights to charge this fee. However, if the listing was misleading or misrepresented the property, then you may have grounds to dispute any cancellation fees. 
 
It is important to review the booking agreement and cancellation policy carefully, and to document any communication with the host or VRBO customer support in case you need to file a dispute or take legal action. An experienced attorney can help you navigate the legal issues and options available to you in this situation.

Q: False advertising