Information for Consumers Regarding the Cessation of Service by
Vanguard Airlines
Vanguard Airlines ceased flight operations at close of business on July 29, 2002, and filed for protection under Chapter 11 of the bankruptcy code on July 30, 2002. Set forth below are certain alternatives available to Vanguard Airlines customers who have paid for future transportation, or who have other claims against the carrier involving travel that took place through July 29. At the time this fact sheet was issued, Vanguard was also providing information on its web site, www.flyvanguard.com.
1. Transportation optionsIf you purchased transportation from Vanguard Airlines or from a travel agency where Vanguard was the "issuing carrier," you should attempt to make arrangements on other airlines if you still wish to travel. A number of airlines are accepting Vanguard tickets on a space-available basis (often with a service charge) or are permitting passengers to purchase discount tickets with advance-purchase restrictions waived. For further information, consult Vanguard's web site (www.flyvanguard.com) and contact your travel agent or other airlines.
2. Refunds
Vanguard Airlines is making no refunds at this time, even if a refund had been requested prior to the cessation of operations. The carrier is currently under the protection of the bankruptcy court.
If you charged your Vanguard Airlines 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. 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 Vanguard Airlines 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.
The credit card issuer must receive this notice no later than 60 days after the date that you received the first monthly statement that listed the charge for the Vanguard Airlines transportation, although credit card companies sometimes waive this deadline for future transportation. If you have a paper ticket, some credit card issuers may ask for the original unused ticket. If this is requested, keep a photocopy and send the original ticket certified mail. Do not send the original ticket unless it is requested. However, it would be a good idea to enclose a copy of any confirmation or itinerary sheet that you may have received.
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
Western District of Missouri
Room 1510, U.S. Courthouse
400 East 9 th Street
Kansas City, MO 64106
Make reference to Case #02-50802-jwv. If possible, enclose 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, Vanguard is not making 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 as described in the Refunds section above.
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August 1, 2002
Office of Aviation Enforcement and Proceedings
U.S. Department of Transportation
1200 New Jersey Ave, SE
Washington, DC 20590
http://airconsumer.ost.dot.gov
