With summer fast approaching, the annual battle for sun loungers appears to have already begun. In a landmark case, a German holidaymaker successfully sued a Greek tour operator for £850 after his family's relaxing break turned into a daily struggle for poolside space.
The man, who travelled with his wife and two children to Kos in August 2024, had paid £6,200 for what was meant to be a stress-free holiday. However, the family's mornings became a frantic race, with sunbeds effectively reserved before 6am despite an explicit hotel rule banning towel reservation. The tourist reported spending up to 20 minutes each day searching for four adjacent beds, with children left lying on the floor due to lack of availability.
The court ruled in favour of the holidaymaker, granting a partial refund of £850. The unnamed tour operator had initially offered only £300. This case raises the question: can you sue a hotel over sunbed shortages?
Legal grounds for a sunlounger lawsuit
The short answer is yes, but the chances of success are slim. Under the Consumer Rights Act 2015, holidaymakers are entitled to services provided with reasonable care and skill. What constitutes reasonable depends on the hotel's type and cost. Quality Solicitors advises complaining to hotel management immediately rather than waiting until after the holiday, as proving disappointment later can be difficult.
Compensation may include a full or partial refund of hotel charges, and potentially additional expenses incurred due to poor service—for example, if a lack of sunbeds forces you to pay for a private beach club. However, such claims are not guaranteed.
Contractual obligations and fine print
The law is straightforward: a contract exists between the tourist and the hotel. The hotel provides accommodation and services in exchange for payment. If the hotel fails to deliver, compensation is due. However, language in booking terms is crucial. Many resorts specify that facilities like pool access and loungers are subject to availability. For instance, one easyJet holiday resort in Lanzarote clarifies that facilities are subject to seasonal availability and may attract additional charges. If a hotel has clearly stated that amenities are subject to availability, legal claims become harder to prove.
Carter Carpenter Law notes that if the resort experience differs significantly from pre-booking presentation, it may constitute misleading conduct. This includes photos not matching reality, unavailable amenities, false star ratings, or misrepresented locations.
In exceptional cases, emotional distress claims may be possible for once-in-a-lifetime events like honeymoons, where the accommodation was central to the experience. However, this requires showing significant loss of enjoyment due to false conduct.
How to build a case
If you consider legal action, you must prove that hotel services were not provided. Quality Solicitors recommends complaining at the time, explaining why the service is unreasonable, and documenting problems and expenses. Take photographs of issues (e.g., broken items or signs of unavailable services). Keep a diary of complaints and any resulting costs. In extreme cases, collect names and addresses of other affected guests to strengthen your case. Always retain your bill and receipts as proof of payment.
In the German tourist's case, the court deemed the package holiday defective because it failed to provide the expected character of service. While the travel company did not operate the hotel and could not guarantee individual sunbed access, the judges ruled it had a responsibility to ensure a reasonable ratio of loungers to guests through organisational measures.
