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Information for Consumers Regarding the Cessation of Service by Western Pacific Airlines
Western Pacific
Airlines, in bankruptcy since October 6, 1997, ceased flight
operations on February 4, 1998. Set forth below are certain
alternatives available to Western Pacific customers holding
tickets or having claims against the carrier.
1. Transportation options
If you purchased
transportation on Western Pacific from the carrier or from a
travel agency where Western Pacific was the "issuing
carrier," and if you used a credit card for the purchase,
United Airlines has agreed to provide transportation. This
service will be available on flights operated by United Airlines
and Shuttle by United, and on United Express commuter airlines
that choose to participate in this program. The program covers
Western Pacific transportation purchased on or before February 4,
1998 with a travel date before October 1, 1998.
Western Pacific
credit card customers who wish to take advantage of the United
Airlines offer must be re-booked onto United by Western Pacific,
or by the passengers travel agent if the transportation was
purchased from a travel agent. Western Pacific or the travel
agent will issue confirmed reservations on the United flight.
There will be no additional charge if Uniteds normal fare
is higher than the Western Pacific fare. However, seats are
limited and might not be available on specific substitute flights
(or even dates) that may be requested.
Individuals who
purchased "electronic tickets" via credit card for
travel on Western Pacific must obtain a paper ticket from Western
Pacific or their travel agent. Western Pacific has stated that it
will be contacting such persons. If you have a credit card
electronic ticket and do not hear from the carrier, you may call
Western Pacific at 1-800-930-3030. However, that phone number
might not be staffed indefinitely.
If you purchased
your original Western Pacific ticket with cash or check,
United is offering special fares to Western Pacific ticket
holders. These fares are approximately 80% off Uniteds
unrestricted coach fare. Call United Airlines reservations for
additional information. Check with other airlines as well; they
might accept Western Pacific tickets or offer special fares. If
other carriers accept the ticket, service may be standby, and
there may be an additional collection if the new carriers
fare is higher.
Details on
Uniteds program are available on the carriers World
Wide Web site at http://www.ual.com/airline/default.asp. Click
"Our Company," then choose "Press Releases"
from the dropdown box.
If you bought a
ticket from another airline and that ticket includes a segment on
Western Pacific, you may be able to use that ticket for
transportation on another carrier, or you can get a refund from
the issuing airline. If you bought a ticket from a travel agency
for Western Pacific transportation and the ticket shows another
airline as issuing carrier, this ticket can also be refunded or
can probably be used for travel on another airline. In both of
the above cases, if the new airlines fare is higher than
the Western Pacific fare, you may have to pay the difference. You
should contact your travel agency or the airline that issued the
ticket to arrange substitute transportation.
If you purchased
your ticket from Western Pacific or from a travel agency that
showed Western Pacific as the issuing carrier and the ticket
includes a segment on another U.S. airline, that other carrier
will accept the ticket for its own segment as shown on the
ticket. Airlines may or may not honor any Western Pacific
segments or segments of other carriers on such tickets.
Frontier Airlines
(1-800-4321-FLY) has agreed to honor the certificates for travel
on Western Pacific that were purchased from the King Soopers
supermarket chain. Frontier will accept the certificates for
flights to any of the cities it serves on a space-available basis
at no additional charge through June 15, 1998.
2. Refunds
Western Pacific is
making no ticket refunds, even if a refund had been requested
prior to the cessation of operations. The carrier is currently
under the protection of the bankruptcy court.
As described at the
beginning of section 1 above, if you have a ticket which includes
Western Pacific transportation but it was purchased from another
airline or from a travel agency which showed another airline as
the issuing carrier, you can get a refund from the airline or
travel agency that issued the ticket if you choose not to use it
for substitute transportation. If that airline attempts to assess
a cancellation penalty or service charge, point out that Western
Pacific canceled your flight, you did not cancel your
reservation. The airlines contracts of carriage generally
require that they make such refunds on an "involuntary"
basis, i.e. without assessing any cancellation fees.
If you charged your
Western Pacific transportation with a credit card (whether or not
you received the ticket) and you have difficulty using the
transportation or refund options described above, you may be able
to have the cost of the ticket credited to your credit card
account as described below.
Write to the credit
card issuer, being sure to state your account number. Send a
photocopy of the ticket, if possible, or indicate the price of
the ticket and the date it was purchased. If the ticket was
partially used, identify the used and unused segments. State that
Western Pacific is in bankruptcy and has ceased operations, 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 Western Pacific ticket, 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. Fill it out, keep a photocopy if possible,
and send the original to:
U.S. Bankruptcy Court
U.S. Custom House
721 19th Street
Denver, CO 80202-2508
Make reference to
Case #97-247-01-FBB. 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,
Western Pacific is making no payments at this time for baggage or
cargo claims (e.g., loss/damage/pilferage). You should send a
copy of such claims with a completed "Proof of Claim"
form to the bankruptcy court.
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