German court orders refund over lounger reservations at Greek resort
Hanover court rules tour operator must pay partial refunds after family was blocked from pool sunbeds by towel ‘lounger reservations’ at a Kos resort in 2024.
A German court has ordered a partial refund to a family who said they were denied access to pool sunbeds because of persistent lounger reservations, ruling the practice amounted to a defect in their package holiday. The decision names the tour operator TUI Deutschland as liable after a stay at the Grecotel Kos Imperial in August 2024, and requires a refund calculated for the days the guests could not reasonably use loungers. The ruling underscores growing legal scrutiny of how resorts and tour operators manage early-morning towel claims for pool furniture.
Court Orders Partial Refund for Lounger Reservations
The Hanover District Court found that the mass placement of towels on sunbeds constituted a “travel defect” under German package holiday law and ordered TUI Deutschland to reimburse part of the holiday price. The court applied a 15 percent daily reduction for the days the family could not access loungers, resulting in a payout of roughly $1,200 for the 11-night stay. Because the reimbursement fell below the statutory appeal threshold, the tour operator cannot challenge the ruling in that court.
Family Presented Video Evidence and Witness Statements
The plaintiff and a travel companion testified that by 8 or 9 a.m. every day most loungers were covered in towels while their users were absent, effectively blocking access throughout the morning. The family submitted a video showing rows of empty, towel-covered beds and described searching the resort for 20 minutes in extreme heat without finding available seating. Their account included an episode when the children, aged nine and 12, had to lie on towels on the ground while adults salvaged spare chairs, a detail the judge cited when assessing whether the defect was remedied.
Complaints to Guide and Hotel Met with Inaction
According to court records, the family raised the matter with their tour guide on the first day and were told enforcement fell to hotel staff, not the operator. Subsequent complaints directed at the hotel produced no effective response, the court said, and the resort’s posted rules—limiting towel reservations to 30 minutes—were not enforced in practice. That failure to enforce written pool rules was pivotal in the court’s finding that the package holiday had not been delivered as contracted.
Judge Cites German Civil Code and Duty to Intervene
Under the German Civil Code, the price of a package holiday must be reduced when a “travel defect” substantially impairs the agreed services, the judge explained in the ruling. The court concluded that persistent lounger reservations, tolerated by the tour operator, met this threshold and required intervention to restore the promised standard of service. A court spokesman quoted Judge Patrick Skeries as framing the issue around whether the operator must act when reservation practices prevent reasonable access to resort amenities.
Ruling Follows Similar Decision on Rhodes Holiday
The Hanover court’s decision follows a near-identical ruling in December 2023 involving a family holiday to Rhodes, where a partial refund of about $380 was awarded on a $6,200 trip. In both cases the tour operator had argued the situation amounted to a “peaceful race” for poolside spots and that diligent guests could secure beds by arriving early. The court rejected that defense, stating consistently that tour operators are required to take steps to prevent reserved-but-unused loungers from depriving other guests of contracted services.
Practical Implications for Tour Operators and Resorts
Legal experts say the rulings could prompt tour operators and resorts to tighten enforcement of sunbed rules, adopt clearer signage, or assign staff to monitor pool areas during peak hours. Operators might also consider contractual changes that specify remedies or alternative amenities when access to pool furniture is restricted, reducing the risk of future claims. For resorts, the decisions increase the incentive to implement fair-use systems—such as time-limited reservations, digital booking or staff-managed allocation—to avoid disputes and potential liability.
The Hanover decisions are likely to resonate with travellers and hospitality managers across Europe and beyond, as similar lounger reservation behaviors are common at resort properties worldwide. Holidaymakers who find their access to paid amenities blocked by informal reservation practices should be aware that, in at least two German cases, courts have treated such routines as a shortfall in the package supplied. These rulings signal that tolerance of towel-claiming practices may carry financial consequences for operators unless active measures are taken to ensure equitable access.
