The applicant did not state any fact or circumstances on which, according to the convention, limitation of liability does not applied. On the basis of Article 22 (6) convention, the amount of damage in Euro is calculated taking into account the size of the SDR on the date the court decision. Article 22 (2) MONTREAL CONVENTION With airline baggage liability in case of destruction, loss, damage or delay is limited to 1000 Special Drawing Rights for each passenger. Exceptions are only those cases where the passenger has made a special declaration of interest in delivery during the transfer of baggage to the carrier and, if necessary, to pay an additional amount. In this case, the carrier shall pay a sum not exceeding the declared unless it is found that the amount of actually exceeds the real value delivered to the passenger. Events on the case "against airlines Telemini" Transavia "occurred in 2000 when the Montreal Convention has not yet entered into force in the Netherlands – Holland.
By Montreal Convention for the financial responsibility of airlines for lost luggage and above may be 1,000 SDRs. According to the Montreal Convention, the claimant could receive compensation above that. Compensation for damages passenger (Richardson v. airlines KLM), as it passes through the so-called air-bridge to bring the forgotten luggage from the plane, according to Article 17 of the Warsaw Convention may not be made because there was no case during boarding or during the landing. DELAY – WARSAW CONVENTION ARTICLE 19 Flight Lisbon – Amsterdam was delayed for 19 hours.
Mr. Tou (Tou against airlines "Transavia", December 18, 2001), sued for compensation for the value alternative flight, as well as compensation for material and moral damage caused by the delay. The court ruled that the airline "Transavia" can not refer to disclaimer on their main Regulations, as exclusion of liability is void under Article 23 of the Warsaw Convention.