Clearly, all passengers of trans-Atlantic flights do read the four lengthy legalese documents necessary to book a flight…
This is an interesting problem.
Companies can insert whatever terms they wish in those documents on the safe assumption that (statistically) nobody will read them. Why does that happen? Probably because these pesky things stand in the way of the customer’s primary task*, which is booking the flight and getting it over with.
Perhaps a more automated solution similar to P3P might be worth considering, to make contracts between vendors and customers more meaningful. As it is, we’re at the mercy of whatever Terms & Conditions the vendors decide to impose on us.
Remember, you’re voluntarily entering this contract. It will be very difficult to complain afterwards.