The National Consumer Commission is investigating FlySafair for overbooking its flights after a consumer complained on Sunday that there was no place for him on the flight he booked due to overbooking.

As previously reported, the airline has apologised for the inconvenience and explained that overbooking is a common practice in the company to keep prices affordable.

‘While we understand the importance of passengers reaching their destination on time and on the flight that they have paid for, we do overbook flights to ensure we keep our tickets as affordable as possible for our passengers,’ it said. 

The Citizen reports that the National Consumer Commission (NCC) yesterday said it noted concerns in the media, including social media platforms, regarding allegations of FlySafair’s overbooking and/or overselling practices.

It said the Consumer Protection Act (CPA) provides that, ‘unless otherwise expressly provided or anticipated in an agreement, it is an implied condition of every transaction for the supply of goods or services that the supplier is responsible for delivering the goods or performing the services on the agreed date and at the agreed time, if any, or otherwise within a reasonable time after concluding the transaction or agreement at the agreed place of delivery or performance and at the cost of the supplier, in the case of delivery of goods’.

Overselling or overbooking is not allowed in terms of the CPA.

According to section 47, which deals with overselling or overbooking, suppliers are not allowed to accept payment if they do not intend to supply the goods or provide the services or intend to supply goods or services that are materially different from what the consumer paid for.

If a supplier makes a commitment or accepts a reservation to supply goods or services on a specified date or at a specified time and fails to do so due to insufficient stock or capacity or inability to offer similar or comparable goods or services, the supplier must refund to the consumer the amount paid as well as interest at the prescribed rate. 

The Citizen notes that the NCC says it established communication with FlySafair for the required relevant information to kick-start the investigation. Acting NCC Commissioner Hardin Ratshisu says 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,’ he said.

Full report in The Citizen