Kupeli & Ors V Kibris Turk Hava Yollari Sirketi (t/a Cyprus Turkish Airlines) & Ors [2016] EWHC 930 (QB) (25 April 2016)

Kupeli & Ors V Kibris Turk Hava Yollari Sirketi (t/a Cyprus Turkish Airlines) & Ors [2016] EWHC 930 (QB) (25 April 2016)

A binding contract arose between Atlasjet and CTA passengers at the point of confirmed booking on Atlasjet's system. Atlasjet was in breach where it unilaterally cancelled confirmed bookings without request from the passenger or agent. No contract arose for passengers who merely attended the airport without confirmed bookings. Denied Boarding Regulations did not apply absent a contract or involuntary denied boarding. Some flights were overbooked, but not systematically; Atlasjet's record-keeping was unreliable.

Citation
[2016] EWHC 930 (QB)
Parties
Claimant: Mrs Ozlem Kupeli & Others; First Defendant: Kibris Turk Hava Yollari Sirketi (Trading as Cyprus Turkish Airlines); Second Defendant: Atlasjet Havacilik Anonim Sirketi
Jurisdiction
England and Wales
Judgment Date
25 April 2016
Procedural Posture
Civil Contract/breach of Contract / Part 1 Trial Substantive Judgment
Outcome
Substantive judgment for claimants in Category 1 where confirmed bookings were cancelled by Atlasjet without request; other claims dismissed.
Legal Topics
Breach of Contract, Denied Boarding Regulations (ec 261/2004), Agency, Overbooking, Damages, Airline Liability
Contract Law Aviation Law Consumer Protection Breach of Contract Denied Boarding Regulations (ec 261/2004) Agency Overbooking Damages +1 more

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Parties

Mrs Ozlem Kupeli & Others

Claimant

Kibris Turk Hava Yollari Sirketi (Trading as Cyprus Turkish Airlines)

First Defendant

Atlasjet Havacilik Anonim Sirketi

Second Defendant

Procedural Posture

Civil Contract/breach of Contract / Part 1 Trial Substantive Judgment

Legal Issues

  1. 1 Whether the defendant Atlasjet was contractually obliged to provide replacement flights to CTA ticket holders
  2. 2 Whether confirmed bookings constituted enforceable contracts
  3. 3 Whether cancellations by Atlasjet amounted to breach of contract

Ratio Decidendi

A binding contract arose between Atlasjet and CTA passengers at the point of confirmed booking on Atlasjet's system. Atlasjet was in breach where it unilaterally cancelled confirmed bookings without request from the passenger or agent. No contract arose for passengers who merely attended the airport without confirmed bookings. Denied Boarding Regulations did not apply absent a contract or involuntary denied boarding. Some flights were overbooked, but not systematically; Atlasjet's record-keeping was unreliable.

Court Disposition

Substantive judgment for claimants in Category 1 where confirmed bookings were cancelled by Atlasjet without request; other claims dismissed.

Orders

  • Damages awarded to successful Category 1 claimants for breach of contract; quantum to be assessed if not agreed.
  • Claims under Denied Boarding Regulations dismissed.