David Eggert, 48, sued his holiday tour operator after his children were left lying on concrete
A German father who pursued legal action following a struggle over sunbeds at a five-star hotel has criticised holidaymakers who reserved the loungers at the crack of dawn before disappearing for hours.
David Eggert, 48, took his holiday tour operator to court after claiming his children were forced to lie on concrete beside the pool because all 400 sunbeds at the upmarket Greek island resort had been bagged by hotel guests placing towels on them. The pilot spent more than £6,200 taking his wife and two children on holiday to Kos in 2024, and this month he secured £770 in compensation after successfully suing the travel firm.
David, from Düsseldorf, has now revealed details of what took place, alleging that guests at the five-star Grecotel Kos Imperial resort would dump towels on loungers in the early hours before returning to their rooms or heading into town - despite notices warning against such behaviour. Sign up for YorkshireLive Premium here Speaking to the Daily Mail, he explained he would rise early each morning attempting to secure a poolside spot during his family's ten-night break, but never managed it.
Instead, he alleged his children had no option but to lie on the concrete ground while sunbeds remained unused for hours on end.
"It was a big hotel, very fancy, with about 400 loungers. And all 400 loungers had towels on them," he said.
"The people were not actually using the loungers, and the guests went into town or went back to bed and slept. Some stayed away until midday.
Then they came back later, and you still could not get a lounger. And that was the main problem. There were signs everywhere in German and English saying it was forbidden to reserve loungers.
" David's move to pursue legal action attracted widespread attention as resorts across Europe continue to grapple with the long-standing 'towel wars' at hotels, where guests head down to the pool at the crack of dawn to bag the best spots by draping towels over loungers before breakfast. David revealed he opted to take the matter to court after the hotel and tour operator failed to act against holidaymakers who flaunted the rules and dismissed the complaints he subsequently raised, reports the Mirror.
Judges in Hanover ruled in his favour, ordering the tour operator to reimburse him £851.75. However, in a shocking twist, David has admitted he has previously taken part in the very practice he complained about, acknowledging that parents often felt they had little alternative.
"With two children, you really only have two choices: reserve your lounger with a towel or have no lounger at all. Full stop. That's it. You either join in or you say: 'Okay, I'm sensible, this is stupid, I won't do it.
' And okay - that is fine, but then of course you do not get your lounger," he said. "But when you have two children and you need to watch them while they are swimming, you need to be near the water and not somewhere far away. You have to keep an eye on them.
So I can understand anyone who does this, even if it is something which I know many Brits may find a bit weird - because the reality is: if I do not do it, I do not get a lounger.
" He suggested the matter isn't simply a British versus German tourist stereotype, but rather a challenge encountered by families throughout Europe. He likened it to football rivalry "when each side blames things on the other" noting it's "tradition"', but a "funny tradition between friends".
It's believed this marks the first occasion the highly contentious poolside practice has reached court, with judges ruling that holidaymakers shouldn't be forced to engage in poolside battles for beds by shifting other guests' towels from the sun loungers. The court stated it was the tour operator's responsibility to intervene and prevent the frantic scramble before matters worsened.
The court determined that tour operators must ensure hotels implement a fair system with a proper balance between the number of sunbeds and guests. David, a former Air Berlin pilot, issued a caution regarding his victory, suggesting his case could pave the way for travel firms to face millions of pounds in claims unless they tackle the 'dawn dash'.
He cautioned that it's a "problem in every hotel" and with his story gaining traction, others might be encouraged to follow suit as the busy summer holiday season draws near. He explained that while his compensation wasn't substantial, if significant numbers of holidaymakers begin suing firms "the costs will run into the millions" which then "becomes enormous financial damage".
There's no specific legislation prohibiting the practice of rushing down to reserve a lounger before breakfast, but most resorts do make it clear through signage and notices that it's discouraged. Numerous hotels alert guests that if they abandon towels on unoccupied loungers they may be removed after 30 to 60 minutes.
However, the phrasing of the notices is often unclear which can spark disputes between holidaymakers. TUI Deutschland had already paid David €350 in compensation before his case reached the courts. Court documents stated: "The plaintiff claims that every day during the vacation, all sun loungers at the hotel's pool area were reserved with towels from 6am.
The plaintiff and his family, who did not adopt this reservation practice, were therefore unable to obtain a lounger by the pool for relaxation and sunbathing.
" Dr Patrick Skeries, of Hanover District Court, explained that the crucial issue in David's case was whether tour operators could simply watch as guests reserved sun loungers, or whether they had an obligation to intervene. He said: "The court ruled that the tour operator is obliged to intervene. Otherwise, the price of the trip may be reduced because the travel service is defective.
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