A German father has won a significant legal victory against his tour operator, securing over £850 in compensation after his family was left unable to use sun loungers at a Greek resort due to the pervasive issue of guests reserving them with towels. David Eggert, a 48-year-old pilot from Düsseldorf, took legal action after his family's holiday to the five-star Grecotel Kos Imperial resort on the island of Kos in 2024 was marred by the ongoing struggle for poolside loungers.
The Daily Battle for Poolside Spots
Eggert recounted that despite the resort having approximately 400 sunbeds, all were reportedly reserved with towels by 6 am each day, long before guests intended to use them. He stated that he would attempt to secure a lounger each morning but was consistently unsuccessful, leaving his children with no option but to lie on the concrete floor. "The people were not actually using the loungers, and the guests went into town or went back to bed and slept. Some stayed away until midday," Eggert explained, highlighting the frustration of seeing beds occupied but unused for extended periods.
A Defective Holiday Package
The case, which is believed to be the first of its kind to reach court over the controversial poolside practice, saw judges in Hanover rule in Eggert's favour. The court determined that the tour operator had failed to ensure a "reasonable" ratio of sunbeds to guests, rendering the package holiday "defective". While the tour operator does not directly manage the hotel, the court found them responsible for ensuring that contracted services, such as access to pool facilities, were available in practice. The ruling emphasized that even though the sunbeds were physically present, their consistent reservation by other guests restricted access, thereby not matching the expected provision within the holiday contract.
Implications for Tour Operators and Holidaymakers
Tour operators are now on notice that they are responsible for all services included in a booking, even if delivered by a third-party hotel, under package travel law. The court did not mandate hotels to change their policies but focused on whether the service delivered met the contractual agreement. This landmark decision underscores the persistent issue of "sunbed wars" at European resorts, where aggressive reservation tactics have become a common point of contention. While some hotels have notices warning against reserving loungers, the wording is often unclear, leading to disputes. In response to similar issues, some regions in Spain have even introduced fines of up to €250 for reserving loungers and not using them. The German court's decision suggests that access to a sunbed should now be considered a fundamental aspect of a holiday contract, with tour operators accountable for ensuring a fair balance between available loungers and the number of guests.
Eggert was awarded €986.70 (approximately £850) in compensation, an increase from the €350 initially offered by the tour operator, TUI Deutschland. This ruling sets a precedent, potentially encouraging more holidaymakers to seek redress when faced with similar situations on their travels, and highlights the need for clearer policies and enforcement by hotels and tour operators alike.