FlySafair
By Mpho Moloi
The National Consumer Commission (NCC) has launched an investigation into FlySafair’s overbooking and overselling of tickets. This move comes after numerous complaints from passengers left stranded due to the airline’s practice of selling more tickets than available seats.
In a statement issued on 8 January 2025, the NCC expressed concern over FlySafair’s practices, stating: “The National Consumer Commission (NCC) has noted concerns in the media, including social media platforms, regarding incidents of FlySafair overbooking and/or overselling practices. On this basis, the NCC has initiated an investigation into the conduct of overbooking and/or overselling by FlySafair to assess and review compliance with provisions of the Consumer Protection Act 68 of 2008 (‘the CPA’), in particular sections 19(2)(a), 22(1)(b), 41(1)(a), 47, and 48(1)(b).”
Acting Commissioner Hardin Ratshisusu emphasized the urgency of the investigation, urging affected consumers to come forward with information: “The NCC will prioritise this investigation given the nature of the allegations. Consumers affected by this practice are urged to come forward and provide information that could assist the investigation.”
Understanding Overbooking
Overbooking is a common practice in the airline industry where airlines sell more tickets than there are seats, anticipating that some passengers will not show up. This strategy aims to ensure flights depart at full capacity, maximizing revenue and allowing airlines to offer lower fares.
FlySafair’s Position
FlySafair, a prominent South African low-cost airline, has confirmed its use of overbooking to maintain affordable ticket prices. In response to a query, the airline stated: “We do overbook flights to ensure we keep our tickets as affordable as possible for our passengers. We do see how inconvenient this can be and therefore offer compensation for passengers that were not able to take the flight they’ve booked.”
Passenger Experiences
Despite the airline’s intentions, many passengers have expressed frustration over the consequences of overbooking. For instance, a user named Thato Miles Nsala shared on social media platform X: “So we show up at the airport and @FlySafair says we don’t have seats for the same flight we paid for. If you have 200 seats why take payments for 300 passengers.”
FlySafair responded to Nsala’s concern, stating: “Hi, we would like to extend our sincerest apologies for the inconvenience and unpleasant experience. Whilst we understand the importance of passengers reaching their destination on time and on the flight that they have paid for…”
Another user, Tumi Sole, commented, “This explains why these flights are so overpriced!”
Legal and Ethical Considerations
The practice of overbooking raises questions about its legality and ethics. According to the Consumer Protection Act (CPA) in South Africa, when an airline overbooks a flight resulting in a consumer being denied boarding, the consumer has the right to receive a refund of the amount paid for the booking, plus interest at the prescribed rate. Additionally, the consumer is entitled to compensation for costs incurred as a result of the overbooking, such as accommodation expenses due to missed flights.
Industry Perspective
Aviation expert Guy Leitch notes that overbooking is a standard practice in the airline industry. He explains that airlines anticipate a certain percentage of no-shows and overbook flights to compensate for these expected absences. However, when all booked passengers arrive, it leads to situations where some are denied boarding, causing inconvenience and dissatisfaction.
FlySafair’s Overbooking Policy
FlySafair’s website outlines its policy for passengers who miss their flights but arrive at the airport before the flight departs. These passengers are offered two options:
1. Standby for the Next Available Flight: Passengers can go on standby for the next available flight for a fee of R300.
2. Confirmed Seat on the Next Flight: Passengers can confirm a seat on the next flight for R300 plus any applicable fare difference.
This policy aims to accommodate passengers affected by overbooking, though some argue that the compensation does not adequately cover potential losses, such as missed appointments or events.
Consumer Rights
The CPA stipulates that accepting payments for something that does not exist is unlawful. Therefore, while overbooking is a common practice, airlines must ensure they comply with consumer protection laws and adequately compensate affected passengers.
Recent Developments
The NCC’s investigation into FlySafair’s overbooking practices has garnered significant attention. A stranded passenger flagged their concerns after being left behind at the start of this week, sparking outrage on social media. The airline defended the move, adding it’s part of attempts to keep prices down for passengers.
NCC head of complaints and investigations, Prudence Moilwa, said the commission had since launched a probe into the matter: “We urge FlySafair to cooperate with the investigation as well as for the consumers with concerns on the overbooking and overselling to lodge complaints with the national consumer.”
Passenger Complaints
Several passengers have taken to platforms like HelloPeter to voice their dissatisfaction with FlySafair’s overbooking practices. One user reported that their flight left early or was overbooked, causing delays for honeymooners who were gifted flights to Durban. They expressed frustration over being charged an additional fee to be placed on a waiting list for the next flight.
Another passenger described an “extremely disappointing experience” with FlySafair, stating that despite checking in online and arriving at the baggage drop counter just a minute late due to roadworks, the attendants refused any assistance, displaying complete indifference to their predicament.
FlySafair’s Response
In light of the investigation, FlySafair has stated that it will cooperate fully with the NCC. The airline maintains that overbooking is a standard industry practice aimed at keeping fares
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