Page 38 - claims information pack ebook_e
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1992 Fund Claims Manual October 2016 Edition
sector. All sets of guidelines are available opportunities (for example whether a
on the IOPC Funds' website. reduction in income from tourists was
3.4 CLAIMS FOR offset by income from those involved
in the response to an oil pollution
ECONOMIC LOSS IN incident, such as clean-up personnel and
THE TOURISM SECTOR representatives from the media).
● The extent to which the claimant’s
Scope of compensation business forms an integral part of the
economic activity within the area affected
3.4.1 Businesses in the tourism sector, or by the spill (for example whether the
that derive a large part of their income business is located or has assets in the
from tourists, which are located close to area, or employs people living there).
contaminated public amenity beaches
may suffer loss of profit because the 3.4.2 A distinction is made between (a) claimants
number of guests falls during the period who sell goods or services directly to tourists
36 of the pollution. However, claims for such (for example the owners of hotels, campsites,
economic loss (normally referred to as bars and restaurants) and whose businesses
pure economic loss, see paragraphs 1.4.9– are directly affected by a reduction in visitors
1.4.10) qualify for compensation only if to the area affected by an oil spill, and (b)
the loss was caused by contamination. In those who provide goods or services to other
other words a claim is not accepted solely businesses in the tourist industry but not
on the grounds that a pollution incident directly to tourists (for example wholesalers,
occurs. All claims in the tourism sector manufacturers of souvenirs and postcards
should satisfy the general criteria set and hotel launderers). It is considered that
out in Section 2. However, in order for in the case of category (b) there is not a
sufficiently close link of causation between
a claim within this sector to qualify for
compensation there should be a sufficiently the contamination and any losses suffered by
claimants. Claims of this type will therefore
close link of causation between the normally not qualify for compensation in
contamination and the loss or damage. principle.
When considering whether such a close
link exists, account is taken of the Presentation of claims
following factors:
3.4.3 The assessment of claims for pure economic
● The geographic proximity of the claimant’s loss in the tourism sector is, whenever possible,
business activity to the contaminated based on a comparison between the actual
area (for example whether a tourist hotel, financial results during the claim period and
campsite, restaurant or bar is located on those for previous periods, for example in the
or close to the affected coast). form of audited accounts or tax returns of the
individual claimant for the three years before
● The degree to which the claimant’s
business is economically dependent the incident. The assessment is not based on
on an affected coastline (for example budgeted figures. The criterion is whether the
claimant’s business as a whole has suffered
whether a hotel or restaurant located economic loss as a result of the contamination.
close to an affected coast caters solely The purpose of examining historical financial
or predominantly for leisure visitors results is to make it possible to determine the
or for the business community).
revenue that could have been expected during
● The extent to which a claimant had the period covered by the claim by taking into
alternative sources of supply or business account the past economic performance of the
