Kupeli & Ors V Kibris Turk Hava Yollari Sirketi (t/a Cyprus Turkish Airlines) & Ors

Kupeli & Ors V Kibris Turk Hava Yollari Sirketi (t/a Cyprus Turkish Airlines) & Ors

Only claimants with confirmed bookings had enforceable contracts with Atlasjet; unilateral cancellation of such bookings without authority constituted breach of contract. Denied Boarding Regulations did not apply as claimants did not have confirmed reservations at check-in. No agency or third party rights arose from protocols or travel agent actions.

Parties
Claimants: Mrs Ozlem Kupeli & Others; First Defendant: Kibris Turk Hava Yollari Sirketi (Cyprus Turkish Airlines); Second Defendant: Atlasjet Havacilik Anonim Sirketi
Jurisdiction
England and Wales
Judgment Date
25 April 2016
Procedural Posture
Civil / Judgment
Outcome
Partially allowed
Legal Topics
Breach of Contract, Agency, Denied Boarding Regulations, Third Party Rights, Damages, Jurisdiction
Contract Law Aviation Law EU Law Breach of Contract Agency Denied Boarding Regulations Third Party Rights Damages +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Mrs Ozlem Kupeli & Others

Claimants

Kibris Turk Hava Yollari Sirketi (Cyprus Turkish Airlines)

First Defendant

Atlasjet Havacilik Anonim Sirketi

Second Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendants breached contracts with claimants by cancelling confirmed bookings
  2. 2 Whether claimants are entitled to compensation under Denied Boarding Regulations (EC 261/2004)
  3. 3 Whether travel agents acted as agents for the defendants

Ratio Decidendi

Only claimants with confirmed bookings had enforceable contracts with Atlasjet; unilateral cancellation of such bookings without authority constituted breach of contract. Denied Boarding Regulations did not apply as claimants did not have confirmed reservations at check-in. No agency or third party rights arose from protocols or travel agent actions.

Court Disposition

Partially allowed

Orders

  • Claims of Mrs Atesogullari and Mr Ozkes for breach of contract succeed; damages to be assessed.
  • All other claims dismissed.