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Guidelines for presenting claims in the tourism sector














                 2.6        Businesses or organisations that rely on
                      tourists or leisure visitors for all or part of   Example
                      their income are entitled to make a claim for   A laundry in a coastal area may consider
                      economic loss where they can prove that   that it serves tourists. However, a large part
                      their gross profit was negatively affected by   of its trade may come from businesses that
                      the pollution. You will need to show that all   serve the tourist industry, such as hotels and
                      or a significant part of the demand for your   restaurants, rather than directly from tourists.
                      business services is generated by tourist or   In this case, any link between the pollution
                      leisure visitors. Employees working for    and the laundry is dependent on the service
                      a business are not eligible to claim.     provider (the hotels and restaurants) and the

                 2.7       Compensation is paid for loss of gross   laundry is therefore not considered eligible
                      profit (revenue less direct operating costs)   for compensation.
        8             directly caused by the contamination. If any
                      other organisation stands between you and
                      the tourist or leisure visitor, then your claim
                      will not be admissible. There should be a
                      sufficiently close link of causation between
                      the contamination and the economic loss,
                      which is assessed taking into account the
                      factors set out in paragraph 2.5.
                 2.8       Experience has shown that the impact of an
                      incident normally lasts for a limited period.
                      We recognise that the loss of key staff could
                      be detrimental to the ability of your business
                      to recover following the end of the incident.
                      Therefore if you employ personnel to work
                      in your business, we would not expect you
                      to reduce the number of full time staff in
                      permanent employment. If, however, you
                      choose to terminate employees’ contracts,
                      any saving you make as a result will be
                      considered in the assessment of your claim.
                 2.9       If you work for a business in a tourism-
                      related industry, for example in a restaurant,
                      then your employers would normally make a
                      claim for economic loss, and continue to pay
                      your salary. The conditions of employment
                      would be regulated by your contract. The
                      assessment of your employers’ claim would
                      therefore take into consideration the wage
                      costs of the employees, and a separate
                      claim for wages would therefore not be
                      considered.
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