In no other industry can a service provider sell a service and then fail to deliver without consequences. I realize that the contract is written to protect the carrier, and they are within their legal rights to refuse compensation for delays, but that doesnt make it right. The fact that mechanical delays are inevitable is exactly the point, carriers should anticipate this and allocate sufficient backups so as to minimize delays. An excessive delay due to mechanical failure is indicative of a larger mistake for which the customer should be compensated.

Given the similairity between the various airline's terms of carriage and fine print I think there is a reasonable claim of industry collusion, otherwise we would see carriers competing on this point! The lack of prosecution is simply
indicative of the industries lobbying power. Ultimatly attempts to gain compensation for airline incompetence is nothing more then a very feeble attempt to reclaim some of what we are owed.