FlySafair to be prosecuted for overbooking flights

FlySafair is to face charges at the National Consumer Tribunal for allegedly overbooking flights.

The National Consumer Commission (NCC) reported on Thursday that it has referred Safair Operations (Pty) Ltd, trading as FlySafair, to the tribunal for alleged contraventions of the Consumer Protection Act (CPA).

FlySafair said on Thursday it remains 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”.

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The commission said the referral follows an investigation it initiated in terms of the of the CPA after noting concerns in the media, including social media platforms, regarding allegations of FlySafair overbooking and/or overselling flight tickets.

Alleged contraventions of the CPA

NCC’s acting commissioner Hardin Ratshisusu said on Thursday its investigation has found FlySafair’s booking practices to be inconsistent with multiple sections of the CPA, which is the basis of the referral of the matter to the tribunal.

“The CPA prohibits suppliers from taking consumers’ money for goods or services they cannot provide,” it said.

The NCC said the matter first drew public attention after a consumer had reportedly purchased a flight ticket for FlySafair and, on arrival to check in, was informed that no seat was available because the flight had been overbooked.

The commission said it further noted several complaints by consumers who alleged they had experienced the same issue with the airline and the airline publicly acknowledging that overbooking is part of its business practices.

The NCC said its investigation revealed that FlySafair’s conduct contravened sections of the CPA.

These provisions deal with prohibitions, including 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.

Systematic overbooking identified

The commission said the investigation assessed bookings made during November and December 2024, and January 2025, and revealed that the overbooking or overselling of flight tickets was systematically implemented by FlySafair.

It said the investigation further revealed that overbooking averaged up to over 5 000 passengers in the months assessed, earning the airline significant revenue that it would not have earned if it were not for this practice.

The NCC said it has referred the matter to the tribunal for adjudication and for the imposition of an administrative penalty of 10% of FlySafair’s annual turnover and to have FlySaFair’s conduct declared prohibited.

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FlySafair said it notes the commission’s referral of its overbooking practices to the tribunal, which will now consider the matter as an independent decision-maker.

It said it has fully cooperated with the commission’s investigation over an extended period and has provided extensive operational data and information throughout the process, and welcomes the opportunity to fully present its position.

“Although FlySafair has cooperated fully with the commission throughout its investigation, the tribunal process is the appropriate forum for resolving differences in legal interpretation between the commission and FlySafair,” it said.

FlySafair said a number of important facts remain central to this matter:

• Overbooking is expressly contemplated by Section 47 of the CPA and has long been recognised as a lawful and globally accepted practice within the airline industry when responsibly managed.
• The Consumer Goods and Services Ombud’s Advisory Note 9 of 2021 specifically recognised overbooking within the travel and aviation sector and provided guidance to industry on how such practices should be managed and remedied where disruptions occur.
• 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, or that its removal was 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.

Overbooking ‘globally accepted’

FlySafair added 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.

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It said it further believes that it operates one of the more conservative overbooking policies in the market, with overbooking levels maintained below historical no-show rates.

FlySafair said that during the period under review, more than 99.98% of FlySafair customers travelled successfully as booked.

“While approximately 5 000 customers were on overbooked flights during the period assessed, the vast majority travelled exactly as booked, because the anticipated no-shows materialised as expected.

“As a result, only 0.02% of passengers were denied boarding and every one of them was offered re- accommodation, a refund, and compensation.

“93.3% of flights over that period departed on time and no flights were cancelled,” it said.

FlySafair stressed that 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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