An issue that has been controversial at European holiday resorts for years has been brought to a head after a German tourist finally took legal action over the time he repeatedly failed to make a sun lounger available on the family holiday in Greece.
The unnamed tourist had booked a holiday package for Kos with his wife and two children in August 2024, where he had spent over €7,000. But the family found it difficult to find a lounge around the hotel pool each day, as guests took them for sunbathing before dawn.
The tourist said that almost everyone else had already been “taken” by the time he or she got up at 6 AM in an effort to beat the rush at the lounge. He reportedly used to spend about 20 minutes each morning looking for seating, and his children had to sit or lie on the floor at times.
There were rules in the hotel prohibiting guests from booking loungers to use them with towels, but there was evidence in court that staff did not enforce these rules properly. The irate traveller complained to both the hotel and the tour operator, but to no avail, so he was resolved to take legal action in Germany.
The travellers found that the holiday package was “defective” as it did not offer the standard of experience that the customer could reasonably have expected. The court awarded the man a refund of €986.70 — roughly £850.
Although the tour operator did not actually run the hotel, there was a duty to ensure that there was a “reasonable balance” between the number of guests and the number of loungers, the judges said.
The case has sparked a lot of interest in Europe, with “sunbed wars” a perennial concern for European holidaymakers. This custom is particularly linked to popular Mediterranean resorts during the summer season – and is becoming increasingly popular on the pool’s edge early in the morning.
German tourists are the worst offenders of the “dawn dash” stereotype, but surprisingly, the majority of Germans do not like the practice. Two-thirds of Germans were against it, according to one recent poll, while another showed that British tourists routinely criticise other Brits for doing the same.
The debate takes place as part of a broader movement in several countries in southern Europe to address overtourism and enhance the quality of holidays. Authorities in Greece are trying to curb the overcrowding at hundreds of protected beaches by introducing restrictions on the use of sun loungers.
