Javi's program is borderline zayak violation with 3 Salchow, so in those cases it's more skaters fault / risk.
He should go for the 4lo ditching one 4s, even though it's a more inconsistent jump.
You don't understand the issue:
Attempting 4Lo instead of 4Sal would put him MORE at risk of running afoul the zayak rule. Doing 2 4Sal and 1 3Sal is perfectly fine; if he turns one of the 4Sal into a 3Sal then the 3Sal simply becomes one of his repeated jumps.
If he plans a 4Lo and turns it into a 3Lo, then his planned 3Lo later in the program would become invalidated. For a safer plan with a 4Lo instead of a 4Sal, he would need to turn that 3Lo later in the program into a 3Flip, letting that jump become one of his repeated jumps since he already plans another 3Flip in combination.
Since when should the rules allow a bail-out for skaters who fail to deliver their planned content
This doesn't make sense, there is no "bail-out" happening. Whatever a skater achieves on the ice is what they achieve. That's what they deserve credit for.
If someone starts their program by turning a planned Quad into a Triple, a perfectly nice and flowing Triple jump, it would already be harsh to give that element 0 points. The current way the zayak rule is programmed in the computer goes beyond that even, it invalidates an even more important element later in the program. A skater might be losing around 20 points just for missing one rotation on a jump! That's completely ridiculous! One rotation of a jump should not be the difference of 20 points in a program, it goes against the entire point of the system.