Page 89 - claims information pack ebook_e
P. 89

Guidelines for presenting claims in the tourism sector


































       12
                 5.  What claims can be compensated?


                 5.1          All claims must satisfy the           previous comparable periods as a base
                      following points:                             to any loss calculation, as well as dated
                                                                    invoices for additional costs or other
                      ●    Claims will be paid only for losses caused
                        by contamination from persistent oil from    documented evidence.
                        a tanker.                                  ●    The economic loss or expense must have
                      ●    There must be a direct link between the   already taken place. Claims for future
                        contamination and your economic losses.     anticipated losses will not be considered.
                        That link needs to be established with     ●    Compensation can only be claimed if
                        reference to the impact of the contamination   you are undertaking a lawful activity and
                        on tourists and day visitors who would      operate with all the necessary licences
                        normally use your products or services.
                                                                    and/or permits.
                      ●    Claims will only be paid for property   ●    If you own similar businesses in areas
                        damage, consequential loss and pure         not affected by the incident you need
                        economic loss caused by contamination       to demonstrate that demand was not
                        and/or consequent area-wide mitigation
                        marketing by authorised organisations such   displaced from the affected area to
                        as local tourism offices. Compensation will   these other locations.
                        only be paid for an economic loss that can   5.2       There is some flexibility in the assessment
                        be measured. Please note that projected or   of claims, depending on the circumstances
                        estimated profits will not be acceptable for   of the claimant. If you think you have
                        demonstrating economic loss. If you are    suffered a loss, but you think you cannot
                        opening a new business during the period   provide all the evidence to prove it, we
                        of the spill it may be necessary to use the   recommend that you contact the 1992
                        following year’s trading information to    Fund/shipowner’s insurer and they will
                        support your claim.                        provide advice more tailored to your
                      ●    You must prove how much you have lost   specific circumstances in order to assist
                        by providing revenues/gross profits from   you in submitting the claim.
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