Page 90 - claims information pack ebook_e

Guidelines for presenting claims in the tourism sector

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6. When should you make a claim?

6.1 Compensation can be paid only for losses or following the spill. For this reason you may
damages that have already happened. If you wish to delay making your claim until the
are claiming for physical damage, ie oiling of end of the trading season so that the overall
your premises, then the claim can be made impact may be assessed accurately.
straight away unless it is possible that more 6.3 Small businesses severely affected by a spill
damage might occur. If you are claiming may find that cash flow becomes an issue.
for loss of profit then a reasonable time is
required to substantiate that your business In these circumstances you may be able to
has been affected. This may be as short as submit claims on a monthly or bi-monthly
six to eight weeks, though a longer period basis until the business returns to its normal
is preferable. The reason for this length of trading levels.
claim period is that trading anomalies can 6.4 Whatever the period of your claim, it must be
affect a tourist and leisure visitor business at submitted within three years of the damage
any time and a clear trend of contamination- taking place. If you have made a claim, but
linked loss needs to be established. have not come to an agreement with the
6.2 Most tourism and leisure visitor businesses 1992 Fund/shipowner’s insurer within three
have trading seasons. The physical impact years of the damage occurring, you must
of a spill can be over relatively quickly, protect your rights in court. Failure to do
though the impact on visitor numbers may this will result in you losing your right to
last longer than the physical contamination compensation. Although damage may occur
due to booking patterns and possible some time after an incident takes place,
negative public perception of the affected court action must in any event be brought
area. It is rare for the direct impact on within six years of the date of the incident
tourists and leisure visitors to last beyond (see section 2.5 of the Claims Manual for
the end of the trading season immediately further information).