The National Consumer Commission (NCC) has launched an investigation into FlySafair after the airline admitted to dominating flights with social media posts that sparked outrage among passengers.
The controversy arose when a FlySafair passenger posted on social media platform X that they had arrived at the airport only to find that the seats they had paid for were unavailable. “We are rebooking flights to ensure our tickets are as affordable as possible for our passengers.” The announcement sparked a flood of complaints from users.
In response to the investigation, FlySafair said it welcomes the opportunity to provide clarity on the matter. “We remain confident that our policies and practices not only comply with the Consumer Protection Act, but are among the most transparent in the industry.”
Legal expert Lawyer Louis Nell, explained Travel news that the NCC could find that FlySafair was indeed in breach of the CPA. Nel said the CPA had made it clear that businesses could not promise to sell something, such as a flight, if they did not intend to provide a service. deliver, or if the business intends to sell something different from what was promised.
“You have to ask FlySafair what its intention was, but in my view it can be argued that by overbooking it did not have the required intention to supply all the passengers who booked the service they paid for,” he said.
The airline defended its position. “Overbooking is not unique to FlySafair, it is a standard and globally accepted practice used by airlines to effectively manage operations, mitigate the financial impact of no-shows and make air travel affordable.” Without this practice, the airline explains, airline profitability is severely compromised will have an impact and ticket prices will increase.
FlySafair said any investigation must take into account this wider context and not disproportionately target FlySafair for a practice that is integral to the operation of the entire aviation industry.
According to the airline, overbooking affects approximately 1% of FlySafair’s available capacity and flight cancellations are extremely rare, equating to no more than two seats per flight. The airline also said it provided compensation that was “fair”. and is “mild”.
Nell said: “Although FlySafair claims that overbooking is an international trend, the aforementioned compensation is nowhere near what a passenger would receive in the US, for example.” According to Nell, the US Department of Transportation requires airlines to compensate passengers up to $775 (R14 600). for domestic flights and up to $1,550 (29,440) for international flights, Nel believes that FlySafair is likely to will rely on its terms and conditions, which passengers agree to at the time of booking, to argue its case.
The airline’s terms and conditions say: “FlySafair will sell more tickets than available seats on the flight to ensure that flight prices are as low as possible. We and you also agree that this may result in you being denied boarding.”
The document continues. “In this case, we and you agree that a. You will not be liable to FlySafair for any damages or losses caused by not being able to travel b. As compensation you will receive R1000 in cash (or local currency equivalent for international destinations) and one of the following options: i. Seat on the next available FlySafair flight to your destination for free, or ii. Full refund.
“We are fully prepared to engage constructively with the NCC, providing all necessary information and context to support their investigation. However, we strongly believe that this process should include a full review of the practices of all airlines operating in South Africa, both domestic and international.” and internationally to ensure that the results are fair, balanced and in the best interests of consumers,” the airline concluded.