Kupeli & Ors v Atlasjet Havacilik Anonim Sirketi [2017] EWCA Civ 1037 (21 July 2017)

Kupeli & Ors v Atlasjet Havacilik Anonim Sirketi [2017] EWCA Civ 1037 (21 July 2017)

The meeting at the Cemevi was not an 'excursion organised by the trader' because it was initiated and arranged by the community committee, well-publicised, and lacked the element of surprise or trader initiative required by the Directive and Regulations. Therefore, the CFAs were not unenforceable for lack of cancellation notice, and AtlasJet remained liable for costs.

Citation
[2017] EWCA Civ 1037
Parties
Claimant/respondents: Mrs Ozlem Kupeli and 668 Others; Second Defendant/appellant: Atlasjet Havacilik Anonim Sirketi
Jurisdiction
England and Wales
Judgment Date
21 July 2017
Procedural Posture
Civil Appeal / Court of Appeal, Second Appeal From High Court (queen's Bench Division)
Outcome
Appeal dismissed
Legal Topics
Conditional Fee Agreements, Consumer Protection, Interpretation of EU Directives, Costs Orders
Civil Procedure Consumer Law Contract Law Conditional Fee Agreements Consumer Protection Interpretation of EU Directives Costs Orders

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Parties

Mrs Ozlem Kupeli and 668 Others

Claimant/respondents

Atlasjet Havacilik Anonim Sirketi

Second Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal, Second Appeal From High Court (queen's Bench Division)

Legal Issues

  1. 1 Whether the meeting at the Cemevi constituted an 'excursion organised by the trader' under the 2008 Regulations and Directive 85/577/EEC, rendering the CFAs unenforceable for lack of cancellation notice

Ratio Decidendi

The meeting at the Cemevi was not an 'excursion organised by the trader' because it was initiated and arranged by the community committee, well-publicised, and lacked the element of surprise or trader initiative required by the Directive and Regulations. Therefore, the CFAs were not unenforceable for lack of cancellation notice, and AtlasJet remained liable for costs.

Court Disposition

Appeal dismissed

Orders

  • AtlasJet's appeal is dismissed; costs orders against AtlasJet remain in force.