FlySafair Welcomes Tribunal Review of Contested Overbooking Practices

FlySafair has acknowledged the National Consumer Commission’s decision to refer its overbooking practices to the National Consumer Tribunal, stating it welcomes the opportunity to present its case before an independent body.

In a statement, the low-cost airline said it had cooperated fully with the Commission’s investigation but believes the Tribunal is the appropriate forum to resolve differences in legal interpretation. The carrier expressed confidence that a full review of the facts, legal framework, and industry norms will show it acted lawfully and in good faith, with due regard for consumer rights.

The dispute centers on the airline’s use of overbooking, a common industry practice in which airlines sell more tickets than available seats to account for passengers who fail to show up. FlySafair argued that overbooking is explicitly permitted under Section 47 of South Africa’s Consumer Protection Act and is widely used globally to improve efficiency and keep fares affordable.

The airline also pointed to the Consumer Goods and Services Ombud’s Advisory Note 9 of 2021, which provided guidance on managing overbooking and related practices. Although the advisory note is no longer published on the Ombud’s website, FlySafair said it is not aware of any formal withdrawal or updated regulatory position communicated to industry players, calling for greater clarity and consistency across the sector.

Providing operational data, FlySafair said more than 99.98% of its passengers traveled as booked during the period under review. While around 5,000 customers were on overbooked flights, most were unaffected due to expected no-shows. The airline reported that only 0.02% of passengers were denied boarding, all of whom were offered alternative travel arrangements, refunds, and compensation. It added that 93.3% of flights departed on time, with no cancellations recorded during the period.

FlySafair said it maintains what it described as a conservative overbooking policy, keeping levels below historical no-show rates. The airline confirmed it will continue normal operations while the matter is before the Tribunal and emphasized that customer bookings remain unaffected.

As proceedings move forward, the company said it will refrain from further detailed public comment, noting that the case is now subject to adjudication.