The National Consumer Commission (NCC) has referred FlySafair to the National Consumer Tribunal for overbooking flights.
The South African airline is facing allegations of contravening the South African Consumer Protection Act (CPA), where consumers claim the airline oversold or overbooked flight tickets.
The NCC was drawn to the matter when the claims started getting public attention. One consumer reportedly purchased a ticket and, upon arrival to check-in, was informed that no seats were available because the flight was overbooked.
“The NCC further noted several complaints by consumers who alleged that they had experienced the same issue with the airline,” it said.
FlySafair publicly acknowledged that overbooking is part of its business practice.
The NCC’s investigation found that the airline’s conduct contravenes 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 between November 2024 and January 2025, where it found that the overselling of flights was systematically implemented.
It also revealed that overbooking averaged over 5,000 passengers during the period under review, generating significant revenue the airline would have lost had the policy not been implemented.
“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
FlySafair stated that it welcomes the opportunity to present its case before the Tribunal.
The airline said it has fully cooperated with the NCC’s investigation, and that the dispute comes down to a difference in legal interpretation.
“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.
FlySafair said that overbooking is expressly contemplated in Section 47 of the CPA, and has long been recognised as a lawful and globally accepted practice within the airline industry, when responsibly managed.
Furthermore, it noted 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.
It said that the removal of the advisory was 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.”
FlySafair argues that overbooking is a global mechanism used by air carriers 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.”
The company acknowledged that 5,000 people were affected by overbooked flights, but stressed that the vast majority of passengers were able to travel as planned.
“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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