Sunbed wars: Court orders over €900 payout after holiday sun lounger battle at Greek hotel

A German court has ordered a tour operator to pay over €900 to a holidaymaker after a dispute over access to sun loungers during a package holiday in Greece. The ruling was issued by a court in Hanover following a complaint from a German tourist who said that sun loungers at the hotel pool were consistently unavailable during his stay with his family at the hotel on the Island of Kos because guests placed towels on them early in the morning.

Court documents stated that sunbeds were being reserved before breakfast, leaving many guests unable to use the pool area during the day. The claimant argued that this affected the use of facilities included in his all-inclusive booking. The court found that the situation meant access to the hotel’s pool area was restricted in practice, even though the facilities were physically present.

Court finds breach of package holiday contract

The case was assessed under German package travel law, which requires that services included in a holiday contract must be provided in a usable form. The claimant had booked an all-inclusive stay at a resort in Greece through a German tour operator. During the holiday, he reported that sun loungers around the pool were occupied early each morning, often before most guests used the area.

He stated that this made it difficult to use the pool facilities that were advertised as part of the holiday package. The court accepted that the hotel provided sun loungers, but found that the way they were being reserved reduced access for guests. It concluded that the tour operator remained responsible for ensuring that included services were available in practice. Judges ruled that the restriction amounted to a defect in the holiday contract.

Legal assessment of sunbed availability

The ruling examined whether the conditions during the stay matched what was agreed in the booking contract. Under German package travel regulations, compensation can be awarded if services are not provided as described or are significantly restricted during the holiday period. The court did not state that hotels are required to guarantee sun loungers for all guests at all times. Instead, it considered whether access to the pool area was reasonably available in practice.

It found that a system in which sunbeds were occupied for long periods without enforcement of hotel rules could restrict use of facilities included in the holiday contract. Responsibility was assigned to the tour operator, as it was the contractual organiser of the holiday. Under package travel law, the organiser is responsible for all services included in the booking, even when they are delivered by a third-party hotel.

Compensation awarded and legal outcome

Judges noted that the holiday still took place, but concluded that certain contracted services were not available in the way they were expected to be provided. The decision did not require the hotel to change its policies, nor did it introduce new rules on sunbed allocation. It was based solely on whether the service delivered matched what had been agreed in the contract.

Package holiday rules and shared facilities

Package travel law in Germany requires that holiday descriptions reflect the services provided during the stay. Facilities such as pools, restaurants and sun loungers must be available in a usable form, but the law does not set specific requirements on capacity or reservation systems.

Courts assess each case individually to determine whether restrictions are significant enough to justify compensation. In some hotels, rules exist to prevent early reservation of sunbeds, including removal of unattended towels. However, enforcement varies between resorts and operators.

Wider context of similar disputes

Disputes over sunbed access have been raised in other package holiday claims across Europe, particularly in peak travel seasons when demand for poolside space is high. These cases generally focus on whether advertised facilities were accessible in practice, rather than whether they were physically present at the hotel.

The Hanover ruling confirms that tour operators can be held responsible where shared facilities included in a holiday package are not reasonably accessible during the stay.