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Guidelines for presenting claims in the tourism sector









                 8.  How are claims assessed and paid?

                 8.1         Claims are assessed based on the evidence   8.3       The 1992 Fund/shipowner’s insurer
                      the claimant has provided and any other      will gather as much external tourism
                      information that has been gathered relating   data as possible including for example:
                      to similar tourism claims, such as statistics   traffic statistics, car park user numbers,
                      on past performance of tourism businesses    ferry passenger statistics, area visitor
                      and of tourism/leisure visitors in the same   numbers and survey results. It will also
                      area. In addition, an expert working for     gain intelligence from reviewing claims
                      the 1992 Fund/shipowner’s insurer may        made by other businesses. However it is
                      come and discuss your individual business    recognised that each business has its own
                      with you so as to better understand your     traits and these can affect trading results
                      business and the impact the spill has        significantly. As a result, the internal business
                      caused. The Fund tries to arrive at a true   information you provide will be central to the
                      assessment of your real losses due to the oil   assessment.
       22             pollution in order to return your business to   8.4       Once your claim has been assessed by the
                      the economic position it would have been in   1992 Fund/shipowner’s insurer, you will be
                      if the oil spill had not happened.
                                                                   told how much compensation they think is
                 8.2       The decision of whether to approve or reject   fair, based on the evidence available from all
                      a claim and the amount of compensation to    relevant sources. This assessment will be
                      be paid lies with the 1992 Fund/shipowner’s   in writing and it will be given to you, as the
                      insurer and not with the expert who          claimant, or your representative if you have
                      assesses the claim, any technical adviser or   nominated someone to act on behalf of your
                      any person working in a local office.        business.
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