FlySafair responds to threat of massive fine in South Africa
The National Consumer Commission has referred South African airline FlySafair to the National Consumer Tribunal for overbooking flights.
The NCC said the airline faces allegations of contravening the South African Consumer Protection Act (CPA), where consumers claim the airline overbooked or oversold flight tickets.
The commission was drawn to the claims when it first drew public attention. A consumer reportedly purchased a flight ticket, and upon arrival to check in, was informed that no seat was available because the flight had been overbooked.
“The NCC further noted several complaints by consumers who alleged that they had experienced the same issue with the airline,” the commission said.
The airline publicly acknowledged that overbooking is part of its business practices.
The NCC’s investigation revealed that the airline’s conduct contravened sections 47, 48(1), 49(10), 22(1), 40(1), 41(1) and 19(2) of the CPA.
These provisions deal with prohibitions, including:
- The overselling of services,
- Unfair and unreasonable contract terms,
- Inadequate disclosure of material risks,
- Misleading representations,
- Unconscionable conduct,
- Failure to provide services on agreed terms and
- Failure to communicate information in plain language.
The NCC’s investigation assessed bookings made during November and December 2024 and January 2025, where it was revealed that the overbooking or overselling of flights was systemically implemented.
It further revealed that overbooking averaged over 5,000 passengers in the months assessed, generating significant revenue the airline would not have earned had it not been for the practice.
“The NCC has referred the matter to the tribunal for adjudication and for the imposition of an administrative penalty of 10% of FlySafair’s annual turnover,” the NCC said.
In addition, it wants the practice declared prohibited.
“The CPA prohibits suppliers from taking consumers’ money for goods and services they cannot provide,” it said.
FlySafair responds
Responding to the referral to the Tribunal, FlySafair said that it welcomes the opportunity to fully present its position.
The group said it has cooperated with the NCC’s investigation fully, and the issue boils down to a difference in legal interpretation of the laws.
“We remain confident that, on a full consideration of the facts, the legal framework and prevailing industry practice, it will be demonstrated that FlySafair has acted lawfully, transparently and in good faith, with due and careful regard to the rights of consumers,” it said.
The airline said that overbooking is expressly contemplated by Section 47 of the Consumer Protection Act, and has long been recognised as a lawful and globally accepted practice within the airline industry when responsibly managed.
It added that the Consumer Goods and Services Ombud has also specifically recognised overbooking within the travel and aviation sector through an advisory note.
“FlySafair understands that the advisory note is no longer published on the website of the Ombud, but does not understand that it was formally withdrawn,” it said.
The airline added that the removal of the advisory was also not based on formal industry consultation or direct notification processes, clearly communicating a changed regulatory interpretation to affected operators.
“We believe this matter highlights the need for greater clarity and consistency regarding the treatment of overbooking practices across the aviation sector, tourism sector and consumer goods and services industry as a whole,” it said.
FlySafair maintained that overbooking is widely used by airlines globally as a mechanism to account for anticipated no-show passengers, improve operational efficiency and help keep air travel affordable.
“FlySafair believes that it operates one of the more conservative overbooking policies in the market, with overbooking levels maintained below historical no-show rates,” it said.
“During the period under review, more than 99.98% of FlySafair customers travelled successfully as booked.”
It acknowledged that approximately 5,000 customers were on overbooked flights during the period assessed, but stressed that the vast majority travelled exactly as booked.
“Only 0.02% of passengers were denied boarding and every one of them was offered re-accommodation, a refund, and compensation,” it said.
“93.3% of flights over that period departed on time, and no flights were cancelled.”
The airline said it will continue to operate all scheduled flights as normal, and customer bookings remain unaffected.
“As the matter is now before the Tribunal, it would not be appropriate to litigate the detailed merits of the case through the media, and FlySafair will therefore refrain from further substantive public comment at this stage.”
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