lawyers dont just create things out of thin air...they codify what some awful management person in ops wants--in this case something along the lines of "we dont want to give refunds for all these schedule changes and cancellations and delated arrivals anymore, its logistically challenging because my side of the business is inept in making a streamlined system to handle all of this so just write something to cut off all those rights"
and they escalated to the various layers of leadership and sold everyone on it being a good idea.
this is a very large number of leadership that would have said it is OK to just screw over the customer for their own failures to deliver a product they sold.