Page 83 - claims information pack ebook_e

Guidelines for presenting claims in the tourism sector

2. Who can claim?

2.1 Anybody in a 1992 Fund Member State who
has suffered losses due to oil pollution caused
by a tanker can claim compensation for these
losses. In this booklet, however, only claims
from the tourism sector are considered (this
includes businesses and organisations from
the accommodation, restaurant, retail and
attraction sectors).

2.2 Only businesses providing goods or services
directly to tourists and/or leisure visitors in
the immediate vicinity of the affected area are
eligible for compensation. This includes coastal
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businesses which are directly dependent on
visitors, such as beach users, coastal walkers,
water sports enthusiasts and leisure fishermen,
drawn by the natural resources of the coast and
sea, or those catering to visitors attracted to
these areas to eat fresh seafood. Businesses
providing services or goods to tourism-related
businesses and not directly to tourists would not
normally be considered sufficiently dependent on
tourism activities to be entitled to compensation.

2.3 For a claim to be admissible, the person who is
making the claim (the claimant) must be able
to show that he/she has suffered a financial
loss due to the pollution and that this loss has
a direct link to the contamination due to oil.
2.4 Claims should be made by the owners
or directors of the business. In any case,
the person submitting the claim must be
able to show their authority to do so. If a
governmental body requires your business
to have a licence or permit then you will
need to prove that such a licence or permit
was held at the time of the incident.

2.5 Generally, the closer the business location is
to the affected area, or the more it caters for
visitors drawn by the natural resource that
has been contaminated, the more likely it is to
be considered admissible for compensation.
However, the 1992 Fund considers a number of
factors when deciding on the validity of a claim.