If you have ever arrived at a hotel pool or beach early in the morning only to find every sun lounger 'reserved' with towels, you are not alone. It is a common sight at many holiday resorts, and late risers are often left disappointed. But can this practice have legal consequences, and what are your rights if you cannot find a free lounger during your vacation?
A recent court ruling in Germany highlighted the issue when a man, who had booked a package holiday on the Greek island of Kos for over €7,000, was refunded approximately €1,000. The reason? By 6am, all the sun loungers had already been reserved, leaving none available for him throughout his stay. The court determined that this amounted to a significant shortcoming in the travel experience.
This scenario is not unique to Germany. Under Luxembourgish law, specifically the Consumer Code, tour operators are responsible for ensuring that holidays are delivered as advertised. If there is a problem with facilities such as access to sun loungers, it is up to the tour operator, not the hotel, to address the issue.
If guests have no fair opportunity to use sun loungers on site because they are constantly reserved, for example, the tour operator must intervene. Failure to do so can be considered a deficiency in the holiday package, entitling affected travellers to compensation.
In such cases, holidaymakers may claim compensation for "loss of enjoyment". In practice, compensation may amount to as much as 15% of the total price of the trip, depending on the circumstances.
To maximise your chances of a successful claim, be sure to document the problem thoroughly:
The operator is then typically required to respond within a set period, usually around three months.
It is important to note that if you are also reserving loungers with your own towels, you will find it difficult to claim compensation later. Compensation is only available if you have not contributed to the unfair situation yourself.
Reserving sun loungers with towels is not just an irritating holiday trend; it can entail legal consequences. As the German court case shows, travellers who are genuinely unable to use advertised facilities due to such practices may be entitled to a refund, provided they have not contributed to the problem themselves.
