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, not at ticket issuance. Atlasjet was contractually obliged to provide carriage to those with confirmed bookings. Cancellations of such bookings by Atlasjet without passenger or agent request constituted breach of contract. There was no evidence of a binding unilateral offer to Category 2 claimants, nor were travel agents acting as Atlasjet's agents for contractual purposes. The Denied Boarding Regulations did not apply as the flights were not operated under EU carrier obligations. Systematic overbooking was not established, though some flights were overbooked and Atlasjet's...

Citation
[2016] EWHC 930
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 / Statutory Compensation / Part 1 Trial Substantive Judgment
Outcome
Substantive judgment for claimants in Category 1; other categories dismissed or unresolved pending further fact-finding.
Legal Topics
Breach of Contract, Denied Boarding Compensation, Airline Liability, Agency, Overbooking, Reservation Systems
Contract Law Aviation Law Consumer Protection Breach of Contract Denied Boarding Compensation Airline Liability Agency Overbooking +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 / Statutory Compensation / 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 the cancellation of reservations constituted a breach of contract
  3. 3 Whether the Denied Boarding Regulations (EC 261/2004) applied

Ratio Decidendi

A binding contract arose between Atlasjet and CTA passengers at the point of confirmed booking on Atlasjet's system, not at ticket issuance. Atlasjet was contractually obliged to provide carriage to those with confirmed bookings. Cancellations of such bookings by Atlasjet without passenger or agent request constituted breach of contract. There was no evidence of a binding unilateral offer to Category 2 claimants, nor were travel agents acting as Atlasjet's agents for contractual purposes. The Denied Boarding Regulations did not apply as the flights were not operated under EU carrier obligations. Systematic overbooking was not established, though some flights were overbooked and Atlasjet's...

Court Disposition

Substantive judgment for claimants in Category 1; other categories dismissed or unresolved pending further fact-finding.

Orders

  • Atlasjet found liable for breach of contract to Category 1 claimants with confirmed bookings.
  • Claims of Category 2 and 3 claimants dismissed or left for further factual determination as to reasons for cancellation.