SHOCKED BY CemAir (Pty) Ltd. DERELICTION

I wish to report an incident where I feel my Consumer rights were not upheld.

I also want to spare other future Passengers a similar fate by sharing my encounter.

There are no direct flights from Kimberley to George. I used the platform MyTrip to find two consecutive flights that offered me this possibility:

1. Kimberley to Johannesburg with 5Z0511 on Monday, 30 September 2024 at 08:15 - 09:30 2. Johannesburg to George with FlySafair FA220 on Monday, 30 September 2024 at 11:00 - 13:00

Even though I used the MyTrip platform to find these two flights, CemAir confirmed my booking to me directly with Booking Reference ACXFBE (booking confirmation email can be supp**** if required).

On the morning of 30 September 2024, the flight was delayed by close to an hour with waiting passengers being informed that the aircraft was being re-fuelled and will board shortly. I sent my family a message at 08:50 to confirm that we finally boarded and another at 10:16 to confirm that we landed. Given that we still had to disembark and collect checked-in luggage, this barely left me with the 40 minutes check-in and bag-drop cut-off for my connecting flight with FlySafair.

FlySafair denied me check-in and sent me back to CemAir Customer Service.

CemAir simply stated that their Terms and Conditions exempt them from offering me any additional support whatsoever. CemAir had a flight scheduled from Johannesburg to George around 14:00 on the same day, but the Customer Care Officials did not want to accommodate me on this flight and said my only alternative is to book a new ticket with FlySafair (who offered several flights between Johannesburg and George on the particular day).

As I had to join an international travel group in George and had further time dependant arrangements, I could not waste time arguing and disputing the lack of Customer Support and resorted to booking a new ticket, FlySafair ***50 from Johannesburg to George on Monday, 30 September 2024 at 12:35 - 14:35 at an additional expense of R3,332.00.

In email correspondence CemAir provided the below feedback on my my direct inquiries:

1. Why they failed to support me with appropriate remedies on the day of the delay: "Should we have moved your flight to another Cemair flight, it would have been a flight later during the course of the day and close to the time or alternatively the next day." 2. What the exact cause of the delay was: "The delay was due to rotation where they had to do an aircraft change in the previous destination."

CemAir failed to inform passengers of this delay at a previous destination via email or sms in a timely manner. No apology or an explanation was offered by the Flight Attendant / Pilot upon boarding on the day of the flight. At the Customer Care desk at O.R. Tambo Airport, Officials failed to offer me one of the three remedies they claim to offer to Customers that are affected by flight delays caused by the Airline itself.

The Terms and Conditions shared by CemAir Customer Services are as follows:

Schedules and Cancellations

1. Schedules: we will use our best efforts to avoid delay in the carriage of you and your Baggage. We will endeavour to adhere to published schedules in effect on the date of travel. However, the times shown in timetables, schedules or elsewhere are subject to change at any time, and we shall not be liable in any way whatsoever for any loss incurred by Passengers as a result of such change;

2. Cancellations, changes of schedules: at any time after a booking has been made, we may change our schedules and/or cancel, terminate, divert, postpone, reschedule or delay any flight where we reasonably consider this to be justified by circumstances beyond our control or an Uncontrollable Event, or for reasons of safety, or commercial reasons.

3. Remedies for cancellation, rerouting and delays for technical or operational delays caused by CemAir (excluding Force Majeure for 3rd parties)

3.1 The Passenger will be entitled to choose one of the following three (3) available Remedies in the event of a Cancellation or a Schedule Change as a result of Technical or Operational reasons and the Airline - - fails to stop at the Passenger's destination, or; - CAUSES THE PASSENGER TO MISS A CONNECTING FLIGHT with the Airline or with another Airline for which the Passenger holds a through confirmed Ticket* (with a planned connection time of twenty-four (24) hours or less) and adequate time existed to make the connection after the scheduled time of arrival of the Passenger’s flight. *Exception for separate Tickets when travelling from one CemAir flight to another CemAir flight.

3.1.1 Remedy One - the Airline will carry the Passenger as soon as operationally possible on another CemAir flight on which space is available without additional charge and, where necessary, extend the period of validity of the Passenger’s Ticket to cover that carriage. In the event that the Passenger accepts this remedy the Passenger will have no further claims against the Airline whatsoever.

3.1.2 Remedy Two - the Airline will reroute the Passenger under comparable transport conditions to the destination and class shown on the Passenger’s Ticket without additional charge on another CemAir flight on which space is available or on the flight of another Airline with whom the Airline have an agreement with, or by other mutually agreed means. - Should there be no reasonable flights available, the Airline will reroute the Passenger to the closest possible alternative destination in agreement with the Passenger. - Any ground services from there will be for the Passenger’s expense (this expense should be claimed from the Passenger’s travel insurance). In the event that the Passenger accepts this remedy it is the Passenger’s responsibility to fami****ise the alternative carrier’s conditions of carriage and the Passenger will have no further claims against the Airline whatsoever.

3.1.3 Remedy Three - the Airline will give the Passenger an involuntary full refund in accordance with the Refund Policy. In the event that the Passenger accepts this remedy, the Passenger will have no further claims against the Airline whatsoever.

CemAir Officials at the Customer Service Desk denied me access to alternative CemAir flights on the day of the delay, stating that they cannot be held accountable for the impact of flight delays as they are exempted from this by their Terms and Conditions; consequently denying me access to Remedies 1 and 2.

In my email correspondence with CemAir Customer Services after the incident, the Airline still denies liability and state the reason(s) why I am not entitled to appropriate compensation as:

- CemAir not having an Agreement with FlySafair and me therfore not being elegible for the named Remedies - CemAir being a point A to B carrier and since they brought me from Kimberley to Johannesburg not liable for the additional expenses I incurred as a result of the delay caused by them

I understand that aviation is not yet well regulated in South Africa and that the Industry Code of Conduct is still under review, but reading Part G, Section 48 of Consumer Protection Act, No. 68 of 2008, "Right to Fair, Just and Reasonable Terms and Conditions", I cannot see how the Airline is allowed to enforce Terms and Conditions which absolve their liability in the event that they cause time and financial costs to the Consumer:

“Unfair, unreasonable or unjust contract terms”

48. (1) A supplier must not—

(a) offer to supply, supply, or enter into an agreement to supply, any goods or services—

(ii) on terms that are unfair, unreasonable or unjust;

(c) require a consumer, or other person to whom any goods or services are supp**** at the direction of the consumer—

(i) to waive any rights;

(ii) assume any obligation; or

(iii) waive any liability of the supplier,

on terms that are unfair, unreasonable or unjust, or impose any such terms as a condition of entering into a transaction.

(2) Without limiting the generality of subsection (1), a transaction or agreement, a term or condition of a transaction or agreement, or a notice to which a term or condition is purportedly subject, is unfair, unreasonable or unjust if—

(a) it is excessively one-sided in favour of any person other than the consumer or other person to whom goods or services are to be supp****;

I furthermore feel that the Airline is at a minimum liable to compensate Passengers appropriately in the event that delays were not caused by "extraordinary circumstances" such as weather conditions, security risks or technical defects as per Part F, Section 47 of Consumer Protection Act, No. 68 of 2008, "Right to Fair and Honest Dealings":

“Over-selling and over-booking”

47.(3) 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, on the date and at the time contemplated in the commitment or reservation, fails because of insufficient stock or capacity to supply those goods or services, or similar or comparable goods or services of the same or better quality, class or nature, the supplier must—

(a) refund to the consumer the amount, if any, paid in respect of that commitment or reservation, together with interest at the prescribed rate from the date on which the amount was paid until the date of reimbur*****t; and

(b) in addition, compensate the consumer for costs directly incidental to the supplier’s breach of the contract, except to the extent that subsection (5) provides otherwise.

(6) Without limiting the generality of subsection (5)(a), a shortage of stock or capacity is not ‘‘due to circumstances beyond the supplier’s control’’ if the shortage results partially, completely, directly or indirectly from a failure on the part of the supplier to adequately and diligently carry out any ordinary or routine matter pertaining to the supplier’s business.

I feel it is time for South African Airlines to be held accountable. Too many Consumers suffer personal time and financial losses as a result of inefficient service delivery.