Mallorca: Germans' favorite island threatens chaos summer due to the "drinking law"

It is still winter, but the hotel Samos is bustling in February. In the colder months of the year, the four-star hotel in Magaluf in the southwest of Mallorca only houses senior citizens who come to the island with a travel program sponsored by the Spanish state. As part of their all-inclusive holiday, they can continue to drink alcohol as they please. However, the program participants are the only ones who are exempt from the new "Law against Excess Tourism" in the Balearic Islands.

For all other tourists, the following has been in effect at Hotel Samos since the end of January: If you book all-inclusive, you can only order three alcoholic beverages free of charge at lunch and dinner – afterwards you are asked to checkout. For hotel director Christoph Gräwert, this norm is like a nightmare.

Mallorca: German hotel director defends himself against the law

The 40-year-old German feels restricted in his competitiveness due to the new anti-drinking tourism regulations. This only applies to a holiday area in Ibiza and two notorious regions of Mallorca. In addition to Playa de Palma, which is particularly popular with Germans, east of the island's capital Palma, the British party stronghold Magaluf is affected.

But only a few streets are covered by the law, whole districts are excluded, even near the beach. "Picasso could not have done better in its most cubistic phase," says Gräwert. A neighboring hotel just a hundred meters away can continue as before. Accommodation that is outside the special zone is also afraid of negative consequences, such as falling prices in the area and competition from other municipalities.

45 hotels protest against new regulation

The Gräwert native of Augsburg does not want to accept this and has therefore founded a platform for those affected. 45 hotels are already participating. They want to join forces to fight what they think is unfair treatment and its consequences.

Hotel owners are also frustrated because many of them even support the fight against drinking tourism. "We renovated last year in order to be able to upgrade to four stars. Our aim was to replace excess tourism with more quality and higher prices – the new law has now given us the soup," said Gräwert. He fears that the British guests, who make up around half of his clientele, will switch to half board – and that he will ultimately have to fire staff.

Hotelier Gräwert sees no connection

The hotelier feels like a scapegoat. "We see no connection between the excesses at night in certain areas and what the hotels offer during the day," he says. The law itself provides indirect proof: there is not a single all-inclusive hotel in the Sant Antoni de Portmany holiday area in Ibiza, which is also affected, he argues. For the problem area on the southern neighboring island, only that part of the law applies that relates to bars and shops.

For Gräwert these are exactly the root of the evil, that is: the sometimes excessive drinking party. Basically, however, they are hardly affected by the law: "The bars are no longer allowed to advertise excess alcohol and no longer offer happy hour. But then they sell one beer for one euro instead of three beers for three euros." The fact that shops that sell alcohol should now close at 9:30 p.m. should only lead to hamster purchases shortly before the shop closes, according to Gräwert.

Magaluf has had a municipal regulation since 2016, which sets out rules for all problem areas. Public alcohol binge drinking, prostitution, drug use, rest disorders or climbing from one balcony to another have therefore been prohibited on paper for years. But there is a lack of police officers to enforce these rules.

This summer threatens chaos in Mallorca

Hoteliers expect chaos for the first season with the new regulations. The new regulation only applies to all-inclusive packages that were sold after the law came into force on January 23. Some of the hotel guests are allowed to drink alcohol this summer at will, while others only get three drinks per meal. How this should be controlled is a mystery to Gräwert.

The Balearic Government fears public safety and the future of tourism in the region in the face of regular reports of accidents and sexual assault by drunks. The new restrictions for companies are necessary, she argues.

Former judge considers law unconstitutional

Attorney Antonio Monserrat represents the interests of those affected. The former judge considers the law, which was passed in urgent proceedings, to be unconstitutional. "It violates the principle of equality, free trade and the freedom of the individual, ie the customer," he argues. In addition, there are many weaknesses: "The text does not specifically refer to three alcoholic beverages – there can be three measuring jugs," he laughs.

But a complaint to the constitutional court is not possible for private individuals. So there is only the indirect way: As soon as one of the affected hotels is caught in violation of the law and a fine is imposed, an action can be taken. Given fines of up to 600,000 euros or even a forced closure, Gräwert is not willing to risk anything at first.

Lawyer Monserrat believes that many of the hotels currently closed for the winter break are not yet aware of the effects of the new standard. "The law is based on the fundamental misconception that all-inclusive is to blame for the excesses at night," said the lawyer. He hopes that politicians will also get this insight – at the end of the season at the latest.

By Alexandra Wilms, dpa