Southwest Adds 'Mechanical Difficulties' To Act Of God List

War, earthquakes, and broken washers are all unavoidable events for which a carrier should not be liable if travel is delayed according to Southwest Airlines. Southwest quietly updated their act of God list a few weeks ago to include mechanical problems with the other horrors of an angry travel god. From the article: "Robert Mann, an airline industry analyst based in Port Washington, NY, called it 'surprising' that Southwest, which has a reputation for stellar customer service, would make a change that puts passengers at a legal disadvantage if an aircraft breakdown delays their travel. Keeping a fleet mechanically sound 'is certainly within the control of any airline,' Mann said. 'Putting mechanical issues in the same category as an act of God — I don't think that's what God intended.'"

Comments

This story is false

[longacre]

The story has already been debunked as the result of the deadly combination of a poorly worded contract, lazy reporting, and/or a confused Southwest spokesperson who commented on the initial report.

"Mechanical difficulties" refers those occurring at an airport or in the air traffic control system: For example, if a control tower has an outage which forces the closure of an airport; or if the fuel delivery system at an airport breaks down.

See: Truthsquadding the Southwest Airlines “Act of God” controversy: “Ultimately this is a reporting error run amok”

RTFA much?

[zorg50]

Despite the FA headline, 'mechanical difficulties' is in fact NOT in an acts of God list. Rather, they added it to their list of 'Force Majeure' events, along with 'acts of God.' From their Contract of Carriage:

Force Majeure Event means any event outside of Carrier’s control, including, without limitation, acts of God, meteorological events, such as storms, rain, wind, fire, fog, flooding, earthquakes, haze, volcanic eruption or any other event, including, without limitation, government action, disturbances or potentially volatile international conditions, civil commotions, riots, embargoes, wars, or hostilities, whether actual, threatened, or reported, strikes, work stoppage, slowdown, lockout or any other labor related dispute involving or affecting Carrier’s service, mechanical difficulties, Air Traffic Control, the inability to obtain fuel, labor or landing facilities for the flight in question or any fact not reasonably foreseen, anticipated or predicted by Carrier.

Likewise, the body of the FA correctly states that both mechanical difficulties and acts of God are in the same list. Of course, that doesn't make for such an eye-grabbing headline...

Re:It only makes sense

[russ1337]

... once you start babbling about the effect of capricious supernatural sky fairies on mass transportation. What's the difference between a transistor burning out in a VOR receiver, versus a sudden hailstorm that shuts down the whole airport? Only a matter of scale.

None actually.

CFR 14, Part 25, Rule 25.1309.

(a) The equipment, systems, and installations whose functioning is required by this subchapter, must be designed to ensure that they perform their intended functions under any foreseeable operating condition. (1) The occurrence of any failure condition which would prevent the continued safe flight and landing of the airplane is extremely improbable, and [(2) The occurrence of any other failure condition which would reduce the capability of the airplane or the ability of the crew to cope with adverse operating conditions is improbable. [snip] (g) In showing compliance with paragraphs (a) and (b) of this section with regard to the electrical system and equipment design and installation, critical environmental conditions must be considered.

http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgFAR.nsf/0/EF544B3CFE11DB2B85256673004D3EC4?OpenDocument