Page 86 - claims information pack ebook_e

Guidelines for presenting claims in the tourism sector

3. What should you do if there is oil pollution?

3.1 Firstly, don’t panic. Oil pollution usually looks 3.4 The contamination may create additional
very bad, but bulk oil contamination of the trading opportunities, which could be
beaches is normally quickly removed and exploited where possible. There may also
it is often the case that things will return to be opportunities to attract business from
normal within a few weeks or months. Also, markets that you do not normally serve.
the more local your visitors are, the quicker However any additional costs for marketing
the impact of the incident may be overcome will only be admissible if it is likely that the
as recovery becomes clear. The 1992 Fund extra revenue generated will help to offset
has a well-tested means of compensating for the amount of the claim. In other words, if
losses, though since all claims will need to be the marketing activity is unlikely to generate
thoroughly assessed, it can take a little time revenue in the period immediately after the
for money to get through to the claimant. spill and therefore offset the amount of the
3.2 You are responsible for your business. losses, then the claim will be inadmissible. 9
Whether it is an accommodation business, a 3.5 You may consider re-marketing your
restaurant, café, shop, water sports activity business to past guests or running
or visitor attraction, it is your responsibility additional promotions to draw new visitors
to keep your losses as low as possible. It is to the area. Where possible the 1992 Fund
important that you do not take any actions would advise businesses to co-operate
that will damage your business in the future with local public marketing bodies, such as
or hinder its recovery. Whenever possible tourist boards and local authority tourism
your business should remain trading. Key offices to reduce duplication of effort.
staff should be retained and no actions However, where a business has a mailing
should be taken that will cause potential list or other direct route to market, the Fund
visitors to look elsewhere. The 1992 Fund would also consider compensating any well-
will find it difficult to pay full compensation
if you decide to cease trading unless it is targeted marketing activity, providing that
physically impossible for the business to the benefits of any such activity are likely to
continue; for example if you run a restaurant fall during the affected period. The costs for
specialising in the sale of fish from a local, the development of new websites, brochures
affected area and there are no alternative and other longer term promotional items,
markets or the only access road to your however, are unlikely to be covered by
business is closed. If you decide to stop compensation.
trading however, a desire to resume business 3.6 If you think that you may have suffered
operations as soon as possible must be a loss as a result of the pollution, it is
demonstrated, for example any forward advisable to make contact with the 1992
booking service you operate must be Fund/shipowner’s insurer. It may be possible
retained. to arrange for an expert, jointly appointed
3.3 You must keep accurate records of any by the 1992 Fund/shipowner’s insurer, who
additional costs or losses incurred as a result is familiar with pollution issues and the
of the contamination. These may include claims process to visit your business and
cleaning materials, loss of perishable stock provide advice more tailored to your specific
due to decline in trade and replacement of oil circumstances in order to assist you in
damaged items. minimising your losses.