Kupeli & Ors v Atlasjet Havacilik Anonim Sirketi

Kupeli & Ors v Atlasjet Havacilik Anonim Sirketi

The meeting at the Cemevi was not an 'excursion organised by the trader' because the initiative came from the community, the purpose was well advertised, and there was no element of surprise; therefore, the CFAs are enforceable and AtlasJet is liable for costs.

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
Outcome
Appeal dismissed
Legal Topics
Conditional Fee Agreements, Cancellation of Contracts, Directive Interpretation, Costs Liability
Consumer Protection Contract Law Civil Procedure Conditional Fee Agreements Cancellation of Contracts Directive Interpretation Costs Liability

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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

Legal Issues

  1. 1 Whether the meeting at the Cemevi was an 'excursion organised by the trader' under the Cancellation of Contracts Made in a Consumer’s Home or Place of Work etc. Regulations 2008
  2. 2 Whether the CFAs signed at the meeting are unenforceable due to lack of cancellation notice
  3. 3 Interpretation of 'excursion' in the context of consumer protection legislation

Ratio Decidendi

The meeting at the Cemevi was not an 'excursion organised by the trader' because the initiative came from the community, the purpose was well advertised, and there was no element of surprise; therefore, the CFAs are enforceable and AtlasJet is liable for costs.

Court Disposition

Appeal dismissed

Orders

  • AtlasJet's appeal is dismissed
  • Costs liability remains with AtlasJet