FlySafair has been referred to the National Consumer Tribunal by the National Consumer Commission (NCC) over allegations that it systematically implemented the overbooking and overselling of flight tickets.
According to the NCC, the referral was made after the airline was found to be in contravention of the Consumer Protection Act (CPA). This follows an investigation launched by the NCC after widespread complaints.
Concerns first surfaced in the media after a passenger reportedly purchased a FlySafair ticket, only to be told at check-in that no seat was available because the flight had been overbooked.
According to NCC spokesperson Phelo Ntaba, the commission’s investigation focused on bookings made during November and December 2024, as well as January 2025.
Findings revealed that the airline allegedly implemented overbooking and overselling practices systematically during the assessed period.
“The investigation further revealed that overbooking averaged up to over 5000 passengers in the months assessed, earning the airline significant revenue that it would not have earned if it were not for this practice.” added Ntaba
The commission found that FlySafair’s conduct allegedly contravened multiple sections of the CPA, 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.
Acting NCC Commissioner, Hardin Ratshisusu, said the investigation found the airline’s booking practices to be inconsistent with several sections of the CPA.
“The CPA prohibits suppliers from taking consumers’ money for goods or services they cannot provide,” Ratshisusu said.
The NCC has now 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 the airline conduct declared prohibited.
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