<font face="Verdana, Arial, Helvetica" size="2">Originally posted by SuzanneSLO:
Here are the rules on United from www.OneTravel.com:
Rule: Force Majeure Event – Definition
“Force Majeure Event” means: (1) Any condition beyond United Airlines’ control (including, but without limitation, meteorological conditions, acts of God, riots, civil commotion, embargoes, wars, hostilities, disturbances, or unsettled international conditions), actual, threatened or reported or because of any delay, demand circumstances or requirement due, directly or indirectly, to such conditions or (2) Any strike work stoppage, slowdown, lockout or any other labor related dispute involving or affecting United Airlines’ service or (3) Any government regulation demand or requirement, or (4) Any shortage of labor, fuel or facilities of United Airlines or others, or (5) Any fact not reasonably foreseen, anticipated, or predicted.
DGR-1 / Rule 240 I / 1st revised page UA-16A / March 29, 2000
Rule: Force Majeure Event - Alternate Transportation / Refund / Amenities
United Airlines may, in the event of a Force Majeure Event, without notice, cancel, terminate, divert, postpone, or delay any flight or the right of carriage or reservation of traffic accommodations and determine if any departure or landing should be made, without any liability except to refund … any unused portion of the ticket.
DGR-1 / Rule 240 I / 1st revised page UA-16A / March 29, 2000
In circumstances where customers may be delayed overnight, we will clarify policies and procedures for accommodating them. We will provide customers who request it a copy of this policy. In the event of delays, diversions, or cancellations, our representatives are empowered to offer disserviced customers hand-written certificates good for amenities onboard our flights or for future travel. We will develop information cards that include detailed policies and procedures for handling special-needs or disabled customers.
“Our United Commitment” issued September 15, 1999 / Effective December 15, 1999
From the above, I would say that if there is a "shortage" of "facilities", such as no airplane for your flight, this is a force majeure event that entitles you only to get a refund of the unused portion of your ticket. Which is why we all dread the fact that bad weather in Chicago (or anywhere else, for that matter), can delay flights nationwide and leave travelers with few options but to ask nicely for help in getting to our destination.
-- SuzanneSLO </font>
I don't think that's what "shortage" of "facilities" means. I think we all agree a mechanical is not a Force Majeure Event.
But what you are saying is that it is under the "shortage" of "facilities" definition because they don't have a spare part.
Again, I think the test is whether other carriers are operating or not (unless there is a strike, etc).
[This message has been edited by seawolf (edited 06-27-2001).]