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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.