A German tourist has successfully sued his tour operator after repeatedly losing the early-morning battle to reserve sunbeds during a family holiday to the Greek island of Kos. The unnamed man, who spent £6,200 on a trip with his wife and two children in August 2024, expected a stress-free vacation because the hotel had an explicit rule prohibiting the reservation of loungers with towels.
Court Proceedings
The district court in Hanover heard how the family's mornings became a frantic rush for pool space, as guests routinely ignored the ban. The father testified that even when they woke up at 6am, most sunbeds were already taken. He described the situation as so dire that the family spent up to 20 minutes each day searching for a spot where they could all sit together. On some occasions, the children were forced to lie on the floor due to the lack of available loungers.
The man also claimed that hotel staff refused to intervene to enforce the no-reservation policy. The tour operator, which was not named in court documents, had previously offered £300 in compensation. However, the court sided with the holidaymaker, ruling that he was entitled to a partial refund of £850.
Legal Reasoning
The court determined that the package holiday was 'defective' because it failed to provide the 'character' that the customer was contractually entitled to expect. While the judges acknowledged that the travel company did not operate the hotel itself and therefore could not guarantee sunbed access, they stated that the operator still had a duty to ensure a 'reasonable' ratio of loungers was available.
Cultural Context
The annual 'sunbed wars' are a contentious issue across European beach resorts each summer, with tourists waking at dawn to secure loungers with towels. Despite stereotypes, a poll found that 66% of Germans oppose the practice, and 14% have removed offending towels. However, a survey of German tourists last summer revealed that 71% considered it a 'predominantly German' custom. Interestingly, British holidaymakers identified fellow Brits as the biggest culprits in a separate survey.
The case highlights ongoing tensions over sunbed etiquette and the responsibilities of tour operators in ensuring a satisfactory holiday experience.
