May 5, 2026, 1:57 pm | Read time: 2 minutes
Anyone who arrives early at the pool during vacation knows the problem: Sun loungers are already reserved with towels, even though no one is in sight. For travelers, this can be more than just an annoyance–a ruling by the Hanover District Court now shows when this can become a travel defect.
According to a report by BILD, a package holidaymaker filed a lawsuit against his tour operator at the Hanover District Court. He demanded a refund of 986.70 euros of the travel price. According to the court, he had booked a package tour to the Greek island of Kos in August 2024. The trip cost 7,186 euros.
At the hotel pool, the sun loungers were reserved with towels as early as 6 a.m., contrary to the rules, without the guests actually using them, according to the court. The plaintiff therefore turned to the tour guide and hotel staff–but to no avail. For him, his family, and especially the children, the pool was an important part of the vacation.
Court Recognizes Defect in Package Tour
The Hanover District Court concluded that the trip was defective due to the blocked loungers. The court believed the tour operator should have intervened. Since this did not happen, the travel price for the claimed ten days could be reduced by 15 percent each.
This resulted in a claim for a refund of 986.70 euros. The court also considered that the booked accommodation belonged to the upscale price segment.
Operator Must Pay Remaining Amount
The tour operator objected to a payment order for the amount but had already paid 350 euros. The judges have now decided that the remaining 636.70 euros must also be reimbursed.
A court spokesperson stated that this was a single-case decision. He also explained that it is consistent with the ongoing case law of the Hanover District Court and other courts that a travel defect may exist in similar cases.