These terms and condi/ons (“Terms and Condi/ons”) govern the rela/onship between Utopia Travel by Design, LLC d/b/a Utopia Travel by Design (“UTD” and/or “we/us/our”) and you, the purchaser or traveler (“Client” and “passenger” and “you/your”). By planning travel with UTD, you agree to be bound by these terms and acknowledge that UTD acts solely as a booking agent for disclosed principal supplier tour operators, cruise lines, hotels, airlines, air charters, bus companies, ground transporta/on, boat purveyors or owners, and other independent contractors providing accommoda/ons, transporta/on, and other services (“Supplier(s)”) and is not the source or provider of the travel services. These terms include warran/es and disclaimers and exclusions of liability and may restrict your rights and remedies and provide protec/on to UTD.
1. USE OF UTD SERVICES, ACCESS AND INFORMATION FOR TRAVEL BOOKINGS
You warrant that you are at least 18 years of age and possess the legal authority to enter into this Agreement and to make travel bookings with UTD. You agree to be financially responsible for all travel bookings you make with us, whether made on behalf of yourself or for other members of your traveling party. You warrant that all informa/on supplied by you on behalf of yourself, members of your household, or others for whom you are authorized to transact business with us is true and accurate. You agree that you will only make legi/mate reserva/ons or purchases with UTD and its Suppliers, and you acknowledge that, without limita/on, any specula/ve, false, or fraudulent reserva/on is prohibited.
UTD accepts all bookings solely as the booking agent for the travel Suppliers on your i/nerary. Separate Supplier terms and condi/ons will apply to your reserva/on and purchase of travel- related goods and services that you select, and you understand and agree that by booking travel through UTD, you are also agreeing to the booking terms of each Supplier partner you have selected for your i/nerary. You agree that you will abide by the terms and condi/ons of purchase imposed by any Supplier that you have selected as a service provider on an i/nerary you have approved.
UTD is not liable or responsible for any arrangements made independently of UTD. UTD assumes no responsibility for costs or fees you incur for independent arrangements not booked through UTD, inclusive of, but not limited to, airline, hotel, excursion, and travel protec/on related charges. If you make your own flight arrangements, UTD is not responsible for any loss resul/ng from cancella/on or changes in interna/onal gateways, i/neraries, or travel dates, and cannot assist you with any schedule changes or delays related to air reserva/ons you have made on your own arrangement. It may not be possible to earn frequent flyer or other loyalty points for reserva/ons on your i/nerary. With limited excep/ons, hotel and airline rewards or points cannot be redeemed for travel arrangements made by UTD.
UTD is an independent affiliate of Levarte Travel California Seller of Travel 2145715-50, Florida ST43215. Registra/on as a seller of travel does not cons/tute approval by the State of California.
2. RIGHT TO CORRECT ERRORS AND OFFERS SUBJECT TO AVAILABILITY
We reserve the right to correct errors. In the event of any pricing error or omission, we reserve the right to adjust such pricing or make any other correc/ons. All offers, incen/ves and Supplier promo/ons are subject to availability and may change without no/ce. You are advised to confirm reserva/ons well in advance of your an/cipated dates of travel to avoid disappointment, increases in fares and addi/onal late booking fees.
3. PAYMENTS, CANCELLATIONS, AND CHANGES TO BOOKINGS
You shall be completely responsible for all charges, fees, du/es, taxes, and assessments arising out of your travel bookings through UTD. By submihng a credit card authoriza/on form to UTD, you agree to allow UTD to use your payment method to purchase travel products from our Suppliers on your behalf. EXCEPTING IN CASES 0F FRAUD, YOU AGREE NOT T0 FILE ANY DISPUTE WITH YOUR BANK OR CREDIT CARD COMPANY TO AVOID OR VIOLATE ANY BOOKING TERMS AND CONDITIONS OF UTD OR ITS SUPPLIERS, INCLUDING CANCELLATIONS OR CHANGES OF ITINERARY OR ARRANGEMENTS FOR REASONS BEYOND THE CONTROL OF UTD OR ITS SUPPLIERS. IF YOU ATTEMPT TO CHARGEBACK, REVERSE OR RECOLLECT A PREVIOUSLY AUTHORIZED TRIP PAYMENT, UTD RESERVES THE RIGHT TO COLLECT ALL ADDITIONAL COSTS, FEES AND EXPENSES ASSOCIATED WITH SUCH CHARGEBACK, REVERSAL OR RECOLLECTION, INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES.
All payments for travel are due prior to departure according to each Supplier’s terms and condi/ons of booking. You understand that failure to make final payment or any viola/on of a Supplier’s condi/ons of purchase may result in cancella/on of your reserva/ons, in your being denied access to any flights, tours, hotels, cruises, or other travel services, or in your forfei/ng any monies paid for your reserva/ons. In some cases, there is NO REFUND once a booking is made and under deposit. You may not be en/tled to a refund if you change or cancel your travel plans aler confirma/on of a booking. All cancella/on requests must be sent to UTD in wri/ng. As a result of cancella/on or changes to confirmed bookings, third-party Supplier’s cancella/on penal/es will apply. Cancella/on fees will be charged to the credit card or other payment method you authorized to pay for travel services or deducted from the Supplier’s refund.
If you decide to change any por/on of your confirmed arrangements prior to departure or during your trip, we will amempt to assist you. Certain bookings may not be able to be changed, and you will be responsible for any increases in cost imposed by the Supplier, as well as any UTD or Supplier change fees. All requests for changes to a booking must be made in wri/ng to UTD. When tour, cruise or package prices are based on Suppliers’ contract rates, you will not be en/tled to any refund for any unused por/on of travel.
4. TRAVEL DOCUMENTS, INCLUDING TSA AND DHS ACCEPTABLE IDENTIFICATION REQUIREMENTS
It is the responsibility of each Client to obtain and carry a valid passport book, visa(s), and all other documents required by applicable government regula/ons. Passport cards are not accepted for most interna/onal travel. When traveling domes/cally or interna/onally, the U.S. Transporta/on Security Administra/on (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry acceptable iden/fica/on in order to board a flight. Acceptable iden/fica/on can be found at hmp://www.tsa.gov/ and examples include DHS-designated enhanced driver’s license, US passport, or a foreign government passport.
Certain countries will not admit a passenger if their passport expires within six (6) months of the an/cipated date of return. Non-United States ci/zens may require addi/onal documenta/on, and you are responsible to make UTD aware when traveling on a passport from a country other than the United States of America. UTD neither controls nor warrants the issuance of visas or approval of visa waivers related to your travel. Should a visa not be issued, UTD is not responsible for lost payments made toward your trip. Please note that rules of each country regarding entry and exit may change at any /me.
Children and infants may also require travel documents. Minors traveling with one parent, and/ or without both parents, may be stopped and not admimed, unless authen/cated and verified consent forms are provided to the authori/es; please see hmps://help.cbp.gov for addi/onal informa/on. The U.S. Customs and Border Protec/on Agency requires that for groups of children under age 19 arriving to the United States by land or sea from con/guous territory and traveling with a school group, religious group, social or cultural organiza/on, or sports team, may also present an original or copy of his or her birth cer/ficate, a Consular Report of Birth Abroad, or a Naturaliza/on Cer/ficate. Parental or legal guardian consent must be provided to the supervising adult or group leader in wri/ng.
The name, date of birth and gender that appears on the iden/fica/on card must exactly match the same such data that is listed on your /ckets and booking records. You acknowledge that it is your responsibility to ensure that the informa/on on your /ckets and confirma/ons is accurate. Any discrepancy between your reserva/on and your travel documenta/on may result in denied boarding or an undue delay at an airport security checkpoint causing you to miss your flight, and any subsequent scheduled travel bookings on cruises and tours.
WHEN YOU RECEIVE YOUR TRAVEL DOCUMENTS, IT IS YOUR RESPONSIBILITY TO REVIEW AND VERIFY ALL INFORMATION FOR ACCURACY. CONTACT UTD IMMEDIATELY IF CHANGES OR CORRECTIONS ARE REQUIRED. IF YOU HAVE NOT NOTIFIED US OF NECESSARY CORRECTIONS TO YOUR RESERVATION WITHIN TWENTY-FOUR (24) HOURS OF RECEIVING YOUR TRAVEL DOCUMENTS, UTD BEARS NO RESPONSIBILITY FOR ANY ADDITIONAL COSTS ASSOCIATED WITH MAKING NECESSARY CORRECTIONS.
5. INDIVIDUAL ENTRY AND EXIT REQUIREMENTS
Each country holds different views of past criminal offenses, whether within or outside of their boundaries. If you have a current or prior criminal offense, contact that country directly for entry and exit requirements. You can visit the US State Department Website for further informa/on about these requirements. See, hmps://travel.state.gov/content/travel.html. We do not inquire about an individual’s criminal record in the interest of respec/ng our Clients’ privacy. For example, if traveling to or through Canada, individuals with a Driving While Intoxicated (DWI) record or with judgements for unpaid child support should review current entry requirements. See: hmps://www.canada.ca.
6. IMMUNIZATIONS AND HEALTH SCREENINGS
You must have the proper immuniza/ons and health screenings and required documenta/on of such immuniza/ons and screenings before travel. UTD shall not assume responsibility for the accuracy of health, vaccina/on, or documenta/on requirements prior to departure or upon landing at the final des/na/on. In some cases, required inocula/ons must be recorded by Client’s health prac//oner on a valid vaccina/on cer/ficate, which the Client must carry for proof of inocula/on. If you are concerned about taking any medica/ons or receiving certain inocula/ons, check with your health prac//oner BEFORE booking. Check the State Department Web site hmp://travel.state.gov, for relevant informa/on rela/ng to travel to specific des/na/ons, and the Center for Disease Control hmp://wwwnc.cdc.gov/travel/ rela/ng to health issues related to travel.
7. RISKS AND SAFETY
Travel to certain des/na/ons may involve greater risk than others. UTD urges Clients to remain informed on a daily basis as to current news events, as well as to review travel prohibi/ons, warnings, announcements and advisories issued by the United States Government prior to booking travel to interna/onal des/na/ons. Informa/on on health and safety condi/ons in various countries and the level of risk associated with travel to par/cular interna/onal des/na/ons can be found at hmp://www.state.gov, hmp://www.tsa.gov, hmp://www.dot.gov, hmp://www.faa.gov, hmp://www.cdc.gov, and hmp://www.cbp.gov. The Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to U.S. ci/zens who are traveling to, or living in, a foreign country. STEP allows you to enter informa/on about your upcoming trip abroad so that the Department of State can bemer assist you in an emergency. Registra/on is recommended and provided by going to hmps://step.state.gov/step/
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, UTD DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. CLIENT’S PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH EVENTS AT CLIENT’S OWN RISK.
In the event of emergent health or safety concerns, once UTD has inves/gated the prevailing
situa/on, UTD shall have the sole and absolute discre/on whether to proceed with any UTD escorted trip or private departure, or to make altera/ons to the i/nerary.
8. HAZARDOUS MATERIALS
Federal law prohibits passengers from bringing hazardous materials on the aircral.
(1) Federal law forbids the carriage of hazardous materials aboard aircral in the passenger’s luggage or on the passenger’s person. A viola/on can result in five years’ imprisonment and penal/es of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radio- ac/ve materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bomles, and radiopharmaceu/cals.
(2) There are special excep/ons for small quan//es (up to 70 ounces total) of medicinal and toilet ar/cles carried in the passenger’s luggage and certain smoking materials carried on the passenger’s person. For further informa/on, each passenger should contact the relevant airline representa/ve(s) on their i/nerary. Restric/ons on hazardous materials are listed hmp:// www.tsa.gov/traveler-informa/on/prohibited-items.
9. INSECTICIDE NOTICE
We recommend that you refer to the DOT list of airports in countries that require airlines to treat the passenger cabin with insec/cides prior to the flight or while on the aircral. This list is on the DOT’s website and is updated from /me to /me: hmp://www.dot.gov/office-policy/ avia/on-policy/aircral-disinsec/on-requirements.
10. AIR TRAVEL, SCHEDULE RECONFIRMATION, CHECK-IN
Your airline /cket is a contract between you and the air carrier, even if you purchase through UTD. If you purchase air travel through UTD, you acknowledge and agree that UTD does not have the right to control the opera/ons of independent airlines, and agree that UTD is not liable for any personal injury, property damage related to your purchase of air /ckets or air travel, including, but not limited to any act, error, omission, injury, loss, accident, or delay caused by any act, error or omission of the airline, including their failure to deliver services, par/al or inadequate delivery of services, airline policies including refund or rebooking policies, fees for checked or carry-on luggage, fuel increases, bankruptcy or cessa/on of opera/ons.
You understand and agree that UTD func/ons solely and exclusively as a booking agent for the air carrier, that we do not handle or hold client funds for airline /ckets, and that we are not the Merchant of Record under the meaning of that term under the Department of Transporta/on’s regula/ons. Because UTD does not hold or handle client funds, you understand and agree that any refund for cancelled or delayed flights, baggage fees or seat assignments must come
directly from the airline and not from UTD.
UTD shall not assume any responsibility for any air schedule changes. In rare instances, upon departure from a country, certain departure taxes must be paid in cash only, and may vary in price. Failure to use a reserva/on may result in automa/c cancella/on of all con/nuing and return flights, as well as forfeiture of airfares.
Airline e-/ckets expire a year from issue date unless carrier fare rules in passenger’s i/nerary fare provide otherwise.
Due to enhanced security, it is strongly recommended that you check in a minimum of 2 hours prior to scheduled departure for domes/c flights and 3 hours prior to scheduled departure /me for interna/onal flights. Reconfirm flight /mes at least 24 hours prior to scheduled departure /me for domes/c flights, and 72 hours prior for interna/onal flights.
Frequent Flyer mileage accrual is at the discre/on of the airline(s). UTD has no liability if accrual of miles or points is denied or if upgrades are not allowed. Many airlines do not permit upgrades on airfare purchased in certain fare classes or when using frequent flyer miles, loyalty status or cer/ficates.
Seat assignments are not guaranteed even aler they are assigned, and UTD has no control over airline seat assignments. Most airlines charge a fee to pre book a seat.
11. LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE
UTD acts solely as a booking agent for disclosed principal Suppliers and is not the source or provider of any travel service. Each Supplier is an independent en/ty with its own management and is not subject to the control of UTD. The Suppliers whose names appear in travel documenta/on are those actually responsible for providing the travel services purchased, and you consent to the use of those Suppliers.
The Supplier may determine that altera/ons in i/nerary are necessary for any number of reasons, including but not limited to severe weather. Any altera/ons to an i/nerary are at the sole discre/on of the Supplier, and UTD bears no responsibility for any changes.
BECAUSE UTD ACTS AS AGENT FOR DISCLOSED PRINCIPAL SUPPLIERS AND DOES NOT HAVE THE RIGHT TO CONTROL THE OPERATIONS OF SUCH INDEPENDENT OPERATORS AND SUPPLIERS, YOU AGREE THAT UTD IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, WHICH MAY ARISE OUT OF THESE SERVICES. UTD HEREBY DISCLAIMS ANY LIABILITY WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY PRINCIPAL SUPPLIER BOOKING THROUGH UTD, INCLUDING WITHOUT LIMITATION LIABILITY FOR
ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILLFUL ACTS, OMISSIONS OR OTHERWISE OF SUCH SUPPLIER, OR OF ANY SUPPLIER OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVANTS, OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, THEIR FAILURE T0 DELIVER 0R THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES, THEIR CANCELLATlON AND REFUND POLICIES, FUEL INCREASES, BANKRUPTCY, OR CESSATION OF OPERATIONS AND OTHER MATTERS OUTSIDE OF UTD’S CONTROL, AND YOU HEREBY EXONERATE UTD FROM ANY LIABILITY WITH RESPECT TO THE SAME.
UTD HAS SOLELY RECEIVED COMMISSION AND FEES FOR TRAVEL TRANSACTIONS AND CLIENT AGREES AND UNDERSTANDS THAT ANY RECOVERY FROM UTD WILL BE LIMITED TO THE AMOUNT OF COMMISSION AND FEES ACTUALLY RECEIVED BY UTD.
12. FORCE MAJEURE
UTD will not be in breach of these terms and condi/ons or otherwise be liable to you, for any failure or delay in performing an obliga/on under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quaran/ne, civil commo/on, breakdown of communica/on facili/es, including web host and internet service provider, breakdown or malfunc/on of equipment, destruc/on of or serious damage to facili/es, natural catastrophes including, but not limited to extreme weather events, floods and volcanic erup/ons, governmental acts or omissions, changes in laws or regula/ons, na/onal strikes, fire, explosion, generalized lack of availability of raw materials or energy, and any other unforeseen circumstance which is beyond the control of UTD. THE PURCHASE OF TRAVEL INSURANCE IS HIGHLY RECOMMENDED ON ALL TRIPS.
In addi/on, each of UTD’s Suppliers have terms and condi/ons which include Force Majeure provisions. In the event that a Force Majeure event occurs, those Suppliers may be en/tled to, and may in their sole and absolute discre/on, vary, postpone or cancel any i/nerary or arrangement in rela/on to the trip. Payment of any refund to you as a result of the non- performance of any obliga/ons hereunder shall remain in the sole and absolute discre/on of the Supplier pursuant to their policies, although UTD shall use its reasonable efforts to secure reimbursement for you where possible.
13. CLIENT CONDUCT
Each par/cipant in any trip escorted by UTD is expected to act responsibly and adhere to all behavior guidelines established by UTD and our Suppliers, including adhering to dress codes at religious or cultural sites, or Supplier dress codes. UTD and all local Suppliers reserve the right to remove you from any facility, hotel or resort property, tour loca/on or means of transporta/on if your health or your conduct appears to endanger yourself or others, disrupts the general well- being of other clients on any element of your trip, or interferes with the opera/on or security of
the places you visit. In any such case, there will be no refund.
When you book with UTD, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably es/mated if not precisely known) must be paid directly at the /me to the accommoda/on owner or manager or other Supplier. You must indemnify UTD for the full amount of any claim (also including legal costs) made against us. We are not responsible for any costs incurred concerning a guest removed from a trip, or any por/on of a trip. You agree not to hold UTD or any of its related en//es liable for any ac/ons taken under these terms and condi/ons. Baggage and personal effects are at all /mes the sole responsibility of the par/cipant.
Any transporta/on, possession or use of illegal drugs will result in immediate termina/on of your trip and may result in prosecu/on by law enforcement authori/es. You are responsible for knowing and observing the licensing laws for drug possession (including prescrip/on and over the counter drugs) for all countries and states you are visi/ng. Laws may require you to carry a prescrip/on from your doctor.
14. TRAVEL INSURANCE
UTD OFFERS ACCESS TO TRAVEL INSURANCE TO PROTECT PASSENGERS AND THEIR INVESTMENT IN TRAVEL. UNLESS SPECIFICALLY NOTED, TRAVEL INSURANCE IS NOT INCLUDED IN THE COST OF CLIENT’S ITINERARY TO PROTECT AGAINST THIRD PARTY SUPPLIER DEFAULT/BANKRUPTCY PROTECTION, DELAY, INTERRUPTION, MISSED CONNECTION FOR CRUISES, CANCELLATION, MEDICAL EMERGENCY TRANSPORTATION/EVACUATION & REPATRIATION, BAGGAGE & PERSONAL EFFECTS/LOST LUGGAGE & BAGGAGE DELAY, ILLNESS, JOB LOSS PROTECTION AND CHANGE OF PLANS, ACCIDENTAL DEATH AND DISABILITY, TRAVEL ACCIDENT/SICKNESS MEDICAL EXPENSES, AND MORE. PROPER INSURANCE MAY PROTECT YOU FROM FINANCIAL LOSS IN ALMOST ALL CIRCUMSTANCES. Without appropriate travel insurance, you understand and agree that if you cancel or interrupt your travel for any reason, por/ons of the trip/tour may not be refunded and UTD’s and travel Suppliers’ cancella/on penal/es will apply resul/ng in the loss of monies up to the full cost of Client’s travel booking and related costs. The purchase of travel insurance is not required in order to purchase any other product or service offered by UTD, however if you decline to purchase insurance, UTD may require that you execute an insurance waiver. UTD is not a licensed insurance broker, and its advisors are not qualified or authorized to answer technical ques/ons about benefits, exclusions, and condi/ons of any of the insurance offered, nor evaluate the adequacy of the prospec/ve insured’s exis/ng insurance coverage. An addi/onal charge applies for any travel insurance selected. It is your responsibility to know what your insurance policy covers, and to put alterna/ve coverage in place, if you wish to insure for condi/ons that are excluded by your policy. UTD CANNOT GUARANTEE THAT ANY INSURANCE PROVIDER WILL APPROVE COVERAGE FOR A CLAIM MADE UNDER THE INSURER’S POLICY AND MAKES NO REPRESENTATIONS ABOUT THE EXTENT OF COVERAGE FOR ANY POLICY IT MAY OFFER OR QUOTE.
15. RESERVATION OF RIGHTS AND CHANGES TO THESE TERMS
We reserve the right, in our sole discre/on, to change these Terms and Condi/ons at any /me. Updated versions of the Terms will be provided to Clients, will be posted on our website and are effec/ve immediately on pos/ng.
16. GENERAL
The laws of the State of Illinois govern these Terms and Condi/ons. You hereby consent to the exclusive jurisdic/on and venue of courts in Champaign County, Illinois in all disputes arising out of or rela/ng to travel bookings with UTD. Any claim against UTD must be brought within 12 months aler the date of the comple/on of the trip and not later. UTD shall not in any case be liable for damages other than compensatory damages, and you waive any right to claim puni/ve or exemplary damages. You agree that you may only bring claims in your individual capacity and not as plain/ffs or class members in any class ac/on, proposed or purported class ac/on, or other representa/ve ac/on, regardless of the type of proceeding. You expressly agree to waive and forego any and all rights to bring any such class ac/ons, purported or proposed class ac/ons, or representa/ve ac/ons.
If any part of these Terms and Condi/ons is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limita/ons set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall con/nue in effect.
These Terms and Condi/ons (and any other terms and condi/ons referenced herein) cons/tute the en/re agreement between the Client and UTD with respect to travel bookings made with UTD by any means, and it supersedes all prior or contemporaneous communica/ons and proposals, whether electronic, oral, or wrimen, between Client and UTD with respect to communica/ons with UTD. A printed version of this agreement and of any no/ce given in electronic form shall be admissible in judicial or administra/ve proceedings based upon or rela/ng to these Terms and Condi/ons to the same extent and subject to the same condi/ons as other business documents and records originally generated and maintained in printed form.
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