Originally Posted by
smartytravel
And, that's what the conversation is about above. Just because Delta or other airlines indemnify themselves from any obligation does not mean that they shouldn't have that obligation. We provided an example of a barber who wants to shift a haircut by 2 hours and then holds on to the money without refunding.
Many businesses indemnify themselves from certain outcomes. In many cases they don't even need to explicitly state the outcomes. In the US, the UCC codifies the concept of good faith.
Example 1: In most cases, if I hire a lawyer and agree to pay them for their time and expenses, I don't get a refund if the outcome is not what I wanted. When lawyers take on a client and payment is only made if you win, the lawyer is much more selective or charges more for their time.
Example 2: If I want a construction contractor to finish a job on a specific date and they miss that date because the city fails to issue a certificate of occupancy, I'm going to be sued if I don't pay (or the property seized if they placed a lien). I also won't be offered a refund if I paid upfront. If I brought action to avoid paying or recover funds, I would likely fail if the contractor demonstrated that they put forth a good faith effort.