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Information for Consumers Regarding the Cessation of Service by Tower Air
Tower Air, which filed for protection under Chapter
11 of the bankruptcy code on February 29, 2000, ceased all scheduled service
on May 1, 2000. The airline surrendered its FAA air
carrier operating certificate on November 28, 2000. Set
forth below are certain alternatives available to Tower
customers who have paid for transportation that they did not receive or who
have other claims against the carrier.
1. Transportation options
Tower is not required to reroute passengers on
other airlines, and other airlines are not required to accept Tower tickets
or honor Tower fares. Some carriers have stated that they will waive the advance-purchase
restriction on their discount fares to allow Tower passengers to purchase
a lower priced replacement ticket than would otherwise be available. Since
the level of assistance may vary among airlines, passengers should contact
their travel agents or the airlines for specifics.
2. Refunds
Tower is making no refunds at this time, even
if a refund had been requested prior to the February 29 bankruptcy filing.
The carrier is currently under the protection of the bankruptcy court.
If you charged your Tower
transportation with a credit card (whether or not you
received the ticket) and your flight is cancelled, you may be
able to have the cost of your unused Tower ticket credited to
your credit card account as described below if you cannot use
any substitute service that Tower might offer. You can also
pursue such a claim if you had requested a refund of a
refundable ticket before the bankruptcy filing, even if your
flight was not canceled.
Write to the credit card
issuer, being sure to state your account number. Enclose a
photocopy of the ticket, itinerary or receipt if possible, or
indicate the price of the transportation and the date it was
purchased. If the transportation was partially used, identify
the used and unused segments. State that Tower is in
bankruptcy and that you will not receive the services that
you charged to your account, and that you are requesting a
credit pursuant to the
Fair Credit Billing Act.
This notice must be received by
the credit card issuer no later than 60 days after the date
that you received the first monthly statement that
listed the charge for the Tower transportation, although
credit card companies sometimes waive this deadline for
future transportation. Some credit card issuers may ask for
the original unused tickets. If these are requested, keep
photocopies and send the originals certified mail. Do not
send the originals unless they are requested.
If you cannot take advantage of
any of the transportation or refund options described above,
you can file a claim in the bankruptcy proceeding. Get a
bankruptcy "Proof of Claim" form from any U.S.
Courthouse or at http://www.uscourts.gov/bankform/formb10new.pdf
Fill it out, keep a photocopy if possible, and send the original to:
U.S. Bankruptcy Court
District of Delaware
Marine Midland Plaza, 6th floor
824 Market Street
Wilmington, DE 19801
Make reference to case 00-1280.
If possible, send a photocopy of your ticket or receipt. Do
not send the original, unless it is requested. Such a filing
does not guarantee a refund. If a refund is made, it may not
be for the full amount of the claim. The process will
probably take several months at a minimum.
3. Baggage
As with refunds, Tower is
making no payments at this time for baggage or cargo claims
(e.g., loss/damage/pilferage) concerning transportation that
took place before the February 29 bankruptcy filing. You
should send a copy of such claims with a completed
"Proof of Claim" form to the bankruptcy court.
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