Gerechtshof Amsterdam, 08-02-2019, ECLI:NL:GHAMS:2019:301, 18/00098

“1. Eiseres exploiteert in onderhavig tijdvak een onderneming onder de naam [X 1] (de sauna). Zij afficheert zich als een zogenoemde gaysauna.

Verklaring 1

“De belangrijkste reden om [X 2] te kiezen is dat het een sauna voor homoseksuele

mannen is waar ik mij als persoon veilig en op mijn gemak kan voelen. Mijn

bezoeken beperken zich voornamelijk tot de maandag avond waarbij er

verschillende wellness-activiteiten worden (bv. aufguss en massages). Hoewel seks

tot een mogelijkheid hoort binnen de sauna [X 2], is dit niet de hoofdreden voor

mijn bezoek. Naar mijn mening gaat het vooral om de ontspanning, de sfeer en

de vrijheid om te kunnen zijn wie ik ben.(…)”

Verklaring 2

“Er zijn een paar redenen waarom ik regelmatig naar [X 1] ga. Wat ik

erg prettig vind, is dat het heel relaxed is - vooral vind ik de maandagen erg leuk.

Ik vind het personeel heel prettig, en de hygiëne is zeer goed. Ik vind het heel fijn

dat er op maandag en ook op andere dagen speciale opgietingen en rituelen

plaatsvinden. Ook zijn er altijd masseurs beschikbaar wat ik erg prettig vind.

Wat ik ook heel fijn en belangrijk vind, is dat het een sauna is voor mannen is,

geen vrouwen, alleen mannen- dat vind ik gewoon prettiger. Daarbovenop vind

ik de prijs / kwaliteit verhouding belangrijk voor mezelf. Soms eet ik ook en ik

vind het eten ook erg goed. De algemene sfeer is zeer goed en ontspannen- de

inrichting, planten, banken, lectuur zijn erg stijlvol. Ik voel me altijd thuis.

(…)”

Verklaring 3

“(…)

For me my subjective view always concerns one basic parameter- how well can I

perform three rounds of 20 minutes dry sauna (94-96 c temperature) with five

minutes continuous cold water rinsing (6 to 2 c) and hydrate and repeat two

more times. Relaxing in a good environment after such an endorphin boost is

crucial, if you go immediately outside you will get sick. So food, hydration and

relaxing time is what makes me search for places like [X 2] that can provide an

experience more similar to a luxurious hotel lobby with quality service.

In the [X 2] I fell in love with the contemporary design of the spacious interior. And

this is what attracted me to visit by seeing photos on their webpage in the first

place. I was not interested at all if in the place sex can happen, in fact I

identify as a straight man.

Staff and visitors were very calm and creating a safe environment for me which

was key to my experience. Prior to entering I thought how can I go to the sauna

if they have a dark room? What does that mean to me, I am forced to go in

there, etc?

In fact architecturally [X 2] is very meticulously designed, the division of the space

is not hierarchical so all areas take an even amount of square meters in order to

function as correlated entities that the one can walk through and forget the all

other spaces as soon as he enter another zone . So my doubt was already answered by the architect within few minutes of being there.

Usually in a gym sauna with mixed public a weird energy of how much nudity is

allowed. I get weird energy quite often for how I place my body, in my case by

mildly doing stretching and breathing exercises in that warm environment (Bikram

yoga).

In [X 2] on the contrary I found myself doing my hardcore yoga sauna program

and not even being gazed in a sexual manner. That could be, because people can

feel more free to express sexual interaction. In fact I never had ever to explain

myself about my sexuality or to negate flirting etc. So I started to bring more

friends for sauna sessions there, also straight guys.

I started combining it with a very good relaxing time after the sessions in the

lounge area, time after time I meet locals and very interesting people from all

over the world

So for me [X 2] stands as the absolute sauna in [Z] that completes the

needs of my sauna program in an environment that is and looks hygienic! With

additional relaxing time in a luxurious lounge that I can order proper food as in a

restaurant and drink good quality coffee. From ancient times saunas used to be a

place that men came together to discuss politics or warfare or in extreme weather

conditions in northern countries or Japan. Romans used to have sex in saunas

though as well but it was mainly a meeting place.

This is how exactly I see [X 2] the last three years- not a warfare meeting place

neither as a sex venue! It is an open, very safe space to just be closer to water

and your body.

(…)”

Review website COC

“Bijna een jaar geleden opende [X 1] in [Z] voor het eerst haar deuren. COC Amsterdam was benieuwd naar wat de bezoekers nu van deze sauna vinden, en daarom stuurden we een van onze freelance journalisten op stap voor een verslag. Hieronder lees je een uitgebreide review over [X 3] (hot, hot, hot!).

A Sunday Afternoon in a Gay Sauna in [Z]:

After a moderate amount of hooking up on Grindr and sporadically visiting a gay sauna in

“sexy” cities like Berlin or Rio de Janeiro the day was finally there: I was going to try out

the new Gay [X 1] in my own city of [Z].

Scared? Yes. Excited? A little. Expectations: zero.

I had never gone to a gay sauna in [Z] before for several reasons, but mainly because I was sure I would run into acquaintances (awkward) and I figured it would be mainly unattractive guys (awkward and boring). Both fears turned out to be founded. However: who needs all hot guys? You don’t have to have sex with everybody. Plus the acquaintance I did run into simply gave me a friendly smile and nod and continued minding his own business. Lovely, let’s start.

The Sauna

The fee of €18 seems kind of steep, but includes a drink and pays off if you enjoy yourself for a while. It includes one towel (although a second was provided for free when asked), but no flip-flops.

I am there on a Sunday afternoon, which is apparently a popular day and time at [X 3]

, because there are at least 60/70 guys inside. Quick scan of the main lounge: mixed ages, races and body types. Not at all bad.

The place is very small, but is kept clean and has a modern, luxurious feel. There is your main lounge, with hang outs, bar and smoking area. There is a small dry sauna that is mainly used what it’s for: sitting and sweating. However, the glass walls that give a view of the showers where more happens gives it another function as a voyeuristic gallery: You can sit, sweat and watch others.

The steam room behind it sees a lot more action. Where in other parts of the sauna most waists are toweled, the haze and moist in the steam room make you want to lose your towel, which lowers any threshold of fondling each other.

However, the biggest part of the sauna seems to be cabins and nooks designed to cruise and have sex: there is the dark room that only reveals silhouettes and echo moans, which is hot if you like it totally anonymous; the T.V. room that plays porn, which is not very much liked except by one bored looking guy; the glory hole section that is surprisingly unpopular, but the cabin section on the other hand seems like a proper Sunday market. Here apply the cruising codes that seem universal in any gay recreational center: surpass 1 second of eye contact and you’re in.

The [X 3] Experience

First thing I notice while walking inside is the (kind of hot) bartender gently slapping a guy in the face that hangs knocked out on one of the lounge chairs. Was this such a good idea for my sunny Sunday afternoon?

Secondly, I see a guy being sat down by another staff member, because apparently he couldn’t stand or walk anymore. This was not a good idea for my Sunday afternoon.

But as I walk through I hear the unexpected sound of laughter and chatter. Apparently there are also guys who bring their friends and just enjoy their Sunday mimosas in the sauna while enjoying the hot tub. I start a conversation and they happily inform me that they come here quite often (Friday and Saturday nights are popular) and call today their Social Sauna Sundays. Fair enough. Nice guys that are also good looking, offering me a drink. Not what 1 expected, but good so far.

Making my first round I immediately spot three very hot guys: Muscle Mary, Athletic Jock and Mediterranean Stud. A bit of dilly-dallying in front of the still standing Mary trying to make eye contact doesn’t turn into anything. Bummer for me.

The Mediterranean Stud keeps walking back and forth, but also doesn’t seem to notice me. I guess I should try it the “official” way: squeeze his ass and see what happens... a squeeze back and a penetrating look! Score.

Feeling the whole social vibe, I invite him for a drink at the bar (after we used the cabin what it’s for) where we chat and even exchange numbers. Then I make my way back into the sauna where I run into the Athletic Jock in the steam room. Trying to make eye contact with him doesn’t really work and squeezing his ass neither. Too bad. Walking into the maze a little later I see him working up the Mediterranean Stud. Double hot.

They pull me into their corner and before I know it I am back in the same cabin with the Stud but have now gained a Jock. Would I recommend? YES.

Cons: Small, quite expensive, no flip-flops, not an abundance of hot guys

Pros: Clean, nice atmosphere, good mix of people, modern facilities, kind staff, free condoms.”

Reviews website www.travelgayeurope.com

‘Popular gay sauna (opened November 2013), run by the same management team of Club Church, Facilities at [X 3] include a big Turkish bath, steam room, Finnish sauna, 8-man jacuzzi, dark room and private cabins. Open 7 days a week, from noon to 6am the next day, and 24 hours on the weekend. Gets very busy on weekends, so be prepared to queue. Free drink included in entry price.’

WHAT PEOPLE SAY...

the best sauna:)

“I was in a lot of gay saunas in Europe ... This sauna is the best, not too big, but not small. Very nice staff, new, clean, free condoms and lube. A lot of guys of all ages, the best place for action in [Z]. Best on Friday and Saturday afternoon and evening.”

[X 2] sauna

“Very impressed! Got there and chill out area almost empty, that’s because everyone in there was in the cruising areas. Really busy and was 2pm on a Thursday. I know everyone puts this but honestly a real mix of ages and guys. And action everywhere! Definitely worth a visit guys! I thought area of sauna was big. Nice smoking room, guys were smoking

pot as well.”

Dutch’s Touch

“Being the one and only gay sauna in the big city of [Z], [X 2] still able to facilitate the clients because it is a big sauna, from the Jacuzzi and the cozy dry sauna which allow you to sneak a peek the shower through the qlass wall. Entrance fee with include of one round drink so it is cool to give a try. Over all experience was nice, a bit of tip perhaps, silver daddies will out after 6pm jut so in case you guys aren’t daddy kinda guy. LOL.

Although the towel changing is inconsistent, got once free but next is chargeable. Do not bother anyway!”

Hot, clean and friedly

“What a nice surprise, l heard good comments about [X 2] but they run short of credit. It’s superb, maybe I was new flesh, but I met some of the best guys ever. Hot, nice and well endowed, what else can you ask for? The staff is very nice and helpful, the place is the cleanest and best organised I’ve been. And believe me, I’ve been to many.”

Very VERY HOT

“1 thoroughly enjoyed myself at [X 2]. My goal was to have as much horny fun as possible, and I was not disappointed: There were all types of guys and none of the attitude that you can experience at some of these kinds of places. Once I got past the brightly lit changing area, and into the labrynth of hallways and opportunities around each corner, I got my

enjoyment several times over. Well worth it and highly recommended.”

always hot play

“A really nice place for hot play, I have been there several times, last time May 20th. Nice cruising and play areas, clean and nice personnel.”

Not a good one but no choice

“The place is fine but it is not great as the website. Staff are nice but the place inside is not great as I think.”

Love it!

“Was there on Monday, so not very crowded, nevertheless some action happened. My second time there, love both the arrangmement of the ‘sauna’ part, as well as the cruising area. The staff is great as well! Will go there again soon!”

Lots of fun

“The best gay sauna I’ve been to. We had to queue to get in but once inside the place is packed with guys of all ages and nationalities. We met some nice people and had a lot of fun! The venue was very clean. Spent 3 hours here, lots to see and do! Bit expensive but you get a free drink.”

[X 2]: the place to be!

“In the meantime I have visited [X 2] several times and every time it was great: friendly staff, good food and drinks and everything so clean and well taken care of. So every time I go there I enjoy the steamroom, the bubblebath, the good food and drinks and ... the cinema! Great adult movies and great cabines to withdraw with horny guys for some hot fun.

What more can I say? Keep up the good work guys!”

(…)”