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

Check their payroll

[Drakkenmensch]

Is God part of their fleet maintenance engineering crew?

Re:Check their payroll

[interkin3tic]

I don't know, have you seen the latest security measures?

"Thou shalt not bring liquids over 3 oz in thine carry-on luggage, for it is an abomination and potentially a bomb (anation).

Thou shalt remove thine shoes from thine feet, for thee art in a place of holy security, and also we want it to look like we learned something from that shoe bomber incident.

Thou shalt not bring hammers onto the plane, for in the face of a terrorist wielding a hammer all are paralyzed with fear and would not be able to stop him from hammering out the windows and depressurizing the cabin, causing extreme discomfort for all therein.

Thou shalt not question TSA rules, for they keep you safe so long as terrorists continue to be inconceivably stupid and incapable of lighting the bombs they hath smuggled aboard the airplane"

Pretty sure God works for TSA and doesn't take his job very seriously.

Re:Check their payroll

[Dahamma]

"First shalt thou take out the Holy ziploc bag, then shalt thou count to three ounces, no more, no less. Three shall be the number of ounces, and the number ounces shall be three. Four ounces shalt thou not bring, neither thou two ziploc bags, excepting that thou then proceed to check one. Five ounces is right out. Once the number three, being the third number, be reached, then handest thou thy Holy ziploc bag to thy TSA screener, who being arbitrary in My sight, shall confiscate it anyway."

If 'mechanical difficulties' has been added...

[Anonymous Coward]

...to the acts of God list, you better add 'my angry fist to your prone crotch', you cheap assholes. Typical Southwest bullshit.

Sorry, but SWA can PROVE this is valid.

[Just_Say_Duhhh]

How many passengers sit down in those oh-so-comfy airplane seats, buckle in and quietly say, "Oh god, PLEASE don't let this airplane fall apart!"

If god chooses not to listen, should SWA be held liable?

God Does Not Roll Dice...

[Rollgunner]

But He has been known to loosen a nut from time to time.

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”

Re:This story is false

[h4rr4r]

Those still seem like maintenance issues that the airline is responsible for as they rent those services to provide service to their customers. They in that case sure as hell should be refunding tickets and compensating travelers stuck in those closed airports. The airline should then seek relief from the airport under whatever contracts they have.

Re:This story is false

[blair1q]

Those aren't acts of god.

Those are acts for which the people who are liable are liable.

They may not be Southwest's fault, but they're certainly the responsibility of someone who should pay for the delays.

The air travel system didn't sell me a lottery ticket, it sold me a takeoff and landing time at two identified airports. If any of those things is wrong, it's on their heads.

Re:This story is false

[cprocjr]

What southwest is saying is that it's not THEIR fault that the control tower broke, so don't sue them. Instead sue the people responsible: the airport.

Re:This story is false

[Burdell]

I pay the airline, and the airline pays the airport, the fuel service, etc. The airline owes me if they don't deliver me to my destination on time; if it is somebody else's fault, the airline can go after their suppliers, vendors, etc. to recoup their costs (presumably they have that type of thing in their contracts).

Re:Mechanical failure

[Binkleyz]

And thus the obligatory "Slashdot automobile analogy" requirement is fulfilled.

Re:I think they're right

[Anne_Nonymous]

>> Statistics should be considered an "Act of God".

So should arriving on time with all you luggage intact.

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

it's called

[bugs2squash]

intelligent maintenance.