A German tourist has successfully won over €900 (£850) in a lawsuit against his tour operator after being unable to secure a sun lounger during a 2024 family holiday in Kos, Greece. The ruling, delivered by a district court in Hanover, deemed the package holiday “defective” due to the persistent unavailability of loungers, which were frequently reserved with towels by other guests, despite the family’s efforts to claim them as early as 6:00 AM.
The ‘Dawn Dash’ Phenomenon
The case highlights the increasingly common and frustrating phenomenon known as “sunbed wars” or the “dawn dash,” where holidaymakers wake at extremely early hours to reserve sun loungers by placing towels on them, often leaving them unoccupied for extended periods. The plaintiff, who holidayed with his wife and two children, reported spending approximately 20 minutes each day attempting to find a vacant lounger, a daily struggle that impacted his family’s relaxation time.
The family had booked a package holiday to Kos for €7,186 (£6,211). The core of the lawsuit argued that the tour operator failed in its responsibility to manage or enforce the resort’s own ban on towel reservations. The plaintiff stated that even with his early morning efforts, loungers remained unavailable, forcing his children to lie on the floor.
Legal Precedent and Tour Operator Obligations
While the tour operator had initially offered a partial refund of €350 (£302), the Hanover court ultimately awarded the family a total refund of €986.70 (£852.89). The judges acknowledged that the travel company did not directly manage the hotel. However, they asserted that the operator held an obligation to ensure an “organizational structure” was in place to maintain a “reasonable” ratio of available sunbeds to guests.
This ruling sets a precedent, suggesting that tour operators can be held liable if the amenities advertised or implicitly promised as part of a package holiday are rendered unusable due to poor management or lack of enforcement of hotel policies, even if the operator does not own or directly control the hotel.
Industry Responses to Sun Lounger Scarcity
The issue of sun lounger reservation is not isolated to this case. Social media has frequently featured videos showcasing extreme measures taken by holidaymakers, such as sleeping on loungers in Tenerife to secure a spot. In response, some travel companies are exploring solutions.
For instance, Thomas Cook has introduced an option for tourists to pre-book poolside spots for an additional fee. This model attempts to formalize and monetize the demand for prime locations, potentially reducing the incentive for the “dawn dash.”
Furthermore, in some popular tourist destinations like parts of Spain, authorities are cracking down on the practice. Tourists caught reserving loungers and then abandoning them for hours risk fines, with penalties reaching up to €250 in certain regions. These measures aim to ensure fair access for all guests and maintain a more pleasant holiday environment.
Implications for Future Holidays
This German court’s decision could have significant implications for the package holiday industry. It may compel tour operators to be more diligent in their oversight of hotel partners and the enforcement of resort rules. Travelers may also see a rise in new booking systems or additional fees aimed at managing amenity access.
Holidaymakers might expect clearer communication from tour operators regarding the availability and reservation policies for popular facilities like sun loungers. The ruling underscores the consumer’s right to expect usable amenities as part of their paid holiday package, potentially leading to more such legal challenges if the practice continues unchecked. What remains to be seen is how widely tour operators will adopt proactive measures to prevent “sunbed wars” and whether alternative solutions like pre-booking become a standard offering across the industry.
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