Terms and Conditions AUD $
Top Deck Tours Pty Ltd trading as Back-Roads Touring Co., ABN 30 107 934, 275 Grey Street, South Brisbane QLD 4101
FULL VACCINATION STATUS
CHANGE AND CANCELLATION FEES
Days before departure
Change and Cancellation Fee (% of tour price)
Pick ups/ transfers
Required for all tours unless exempt (see below for details).
Nil (changes) Deposit (cancellations)
$200 per person, payable at the time of booking. Private or group: the required deposit will be specified in your quote.
BOOKING TRANSFER ADMINISTRATION FEE
If you transfer your booking to another individual, you must pay our fee of $60 (as well as any other applicable travel service provider charge).
GOVERNING LAW AND JURISDICTION
These booking conditions are governed by the laws of Queensland, Australia. Any dispute in relation to these booking conditions shall be subject to the exclusive jurisdiction of the courts of Queensland.
Private and group tours: $60 (or such other amount specified in your quote). In addition to our administration charge, you will have to pay all travel service providers’ applicable cancellation charges.
Your contract will be with us as tour operator, unless you have booked a Locally Operated Tour, in which case your contract for tour services will be with the relevant Local Operator specified in the reference table above and will be subject to that Local Operator’s terms and conditions, in addition to the booking conditions set out below. For any Locally Operated Tour, the Local Operator will also be identified on your itinerary or travel documents and their respective terms and conditions will be available directly on their websites or by contacting them. Should we book a flight on your behalf it will be subject to the conditions of the respective airline, including but not limited to deposit/ full payment and cancellation terms. Please read all booking conditions carefully. You must not make any booking unless you understand and agree with these booking conditions and any additional terms and conditions as indicated above and/or at the time of booking. Bookings can be made through your local travel agent or directly with us and must be secured with a deposit of the amount shown above. A contract between you and us (or between you and the relevant Local Operator) will exist as soon as: (i) we issue an invoice in response to your request for a booking; and (ii) your deposit is paid to us or your travel agent. If your booking is made through a travel agent, we will address all correspondence to that agent. COVID-19: Proof of vaccination required The following is an important condition to your participation on the tour: You must be fully vaccinated to travel on Back-Roads tours, unless you are exempt. You must provide proof of full COVID-19 vaccination status to your Tour Leader at the point of tour departure. Proof of your vaccination status must include your name (matching your passport) and the date on which your final vaccine was administered (which must be at least 14 days prior to your date of departure). You will be exempt from the requirement to provide proof of your vaccination status if you have a medical reason which means you cannot be vaccinated against COVID-19. You must provide us with proof of your medical exemption by email no later than 14 days prior to your date of departure. Your email must attach a copy of an official government exemption or, alternatively, a letter from a doctor stating that you have been advised against you being administered a COVID-19 vaccine on medical grounds. In addition, if you are claiming an exemption, you must take a PCR COVID-19 test within three days prior to departure and receive a negative result. The results of your PCR test must also be emailed to us prior to your date of departure. There is no requirement to send us any PCR test results if you are fully vaccinated (although please note some countries may require this on entry/exit). You will be refused entry on the tour and full cancellation fees will be applied if: (i) you cannot show proof of your full vaccination status at the point of tour departure; or (ii) you do not email us proof of your exempt status and negative PCR results within the timeframes specified above. COVID-19: Important information We strongly recommend that you familiarise yourself with airline and government requirements around passenger safety and COVID-19, including the need to produce evidence meeting airline and border control requirements in relation to a negative COVID-19 test both for transit and final destination passengers. This information is subject to change without notice so we recommend you update yourself in relation to the relevant airline and government policies for your transit and final destination at each of (i) the time of booking, (ii) as you approach your travel date, and (iii) immediately before travel. Airlines, hotels and other travel service providers will need to comply with national and/or local guidance and requirements relating to COVID-19 and will have implemented certain measures as a result. This will likely include specific requirements regarding personal protective equipment, such as use of face-masks by customers and staff, social distancing, maximum number restrictions on the use of certain facilities, designated alternative entrance and exit routes, mandatory hand sanitisation, limited entertainment options and limited food/drink availability. We do not expect these measures to have a significant impact on your enjoyment of the tour and all measures will be taken with the purpose of securing your safety and those around you. Local regulations may require you to provide a negative test result for COVID-19, temperature checks and/or a self-declaration of health prior to departing and at certain venues on your tour. Any travellers displaying symptoms of illness may require a negative COVID-19 test and/or doctor’s clearance before continuing the itinerary. If you show symptoms of COVID-19 and are either unable or unwilling to be tested, Back-Roads Touring may remove you from the tour to prevent any risk to others. Whilst on the tour, customers may also be required to wear a mask when necessary.
COVID-19: Our liability You acknowledge that you are choosing to travel at a time where you may be exposed to COVID-19. It is your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks. You acknowledge that your decision to travel is made based on your own consideration of this information, and you acknowledge and agree that you are aware of, and assume responsibility for, the risks associated with traveling at this time. We will have no liability for any refunds, compensation, costs, expenses or other losses of any kind incurred by you (including, where applicable, the cost of medical treatment), in the following circumstances: 1. you fail any tests, checks or other measures imposed by a travel service providers or government body or fail to submit for testing or assessment when requested to do so, and as such you are denied entry to board the flight, entry to the destination, access to the services or you are otherwise unable to proceed with the tour, or that portion of the tour; or 2. if you, or anyone in your group, test positive for COVID-19 and have to quarantine for a period of time, or are notified or otherwise become aware that you have, or suspect you may have, come into close contact with someone who has tested positive for COVID-19 (or where they otherwise suspect they may have COVID-19) and have to quarantine for a period of time. If this happens within 14 days of your departure date, you must contact us as you may no longer be able to travel. We will however offer you alternative options. There may be additional flexibility in place depending on the date you booked. Please visit www.backroadstouring.com/resources/booking-flexibility for more information. If any of the above occur whilst you are on your tour, please notify us without delay and we will provide such reasonable assistance as we can in the circumstances. However, we will not be responsible for covering the cost of any curtailment of your tour, missed transport arrangements, additional accommodation required, or other associated costs incurred by you. You must ensure you have adequate travel insurance with specific COVID-19 coverage which covers these costs for you. PRICE & PAYMENT Subject to your rights under the Australian Consumer Law, the deposit is non-refundable unless we cancel your tour. The balance of your tour must be paid no later than 60 days prior to your tour departure date. If you do not pay within this period we may cancel your booking and your deposit will be forfeited. Full payment is required if you make a booking within 60 days of the departure date. If your booking is a special offer we may require full payment (including any pre and post accommodation and sundry service charges) by such earlier time as specified in the offer. Offered discounts are subject to availability and may be withdrawn at any time without notice. All discounts apply to the tour price only and do not apply to any flights, visitor taxes, stopovers, pre & post accommodation or transfers. Applicable and valid discounts can be combined to a maximum discount of 10% off the tour price, unless advised otherwise. We may alter prices and other particulars (including these Booking Conditions) on our website at any time. When you make a booking we will provide you with up to date prices and a link to our current Booking Conditions. After you have booked, changes to (i) the price of fuel; (ii) the level of taxes or fees imposed by third parties including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and (iii) exchange rates, mean that the price of your tour may change. There will be no change within 20 days of your departure. We will absorb any increase equivalent to 2% of the price of your tour. However, we may charge you for the amount over and above that. If this results in an increase equivalent to more than 8% of the price of your tour, you will have the option of accepting a change to another tour (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid. Should the price of your tour go down due to the cost changes mentioned above, then any refund due will be paid to you. We will deduct from this refund our administrative expenses incurred. Please note that tour arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your tour due to contractual and other protection in place. TRAVEL DOCUMENTS Please ensure you carefully read your invoice, tickets and all other documents we send to you as soon as you receive them and contact us or your travel agent immediately if any information appears to be incorrect. We will not accept any liability if you fail to notify us of any
inaccuracy in any document within 14 days of us sending them to you or the travel agent. You are responsible for ensuring that you have the correct and valid travel documents including passports, visas and vaccination certificates. We strongly recommend that you verify current documentation requirements with your travel agent or us. Please note requirements change and you must check with your consulate for the most up to date information, including but not limited to visa requirements for the countries visited on your tour. Passports must have an expiry date of at least six months after completion of the tour. IF YOU CHANGE OR CANCEL YOUR BOOKING If you want to change or cancel any aspect of your booking including, but not limited to, a change to a tour of shorter duration or different departure date you must notify us in writing. You may make a request to transfer your booking to another person who satisfies all the conditions applicable to the tour. A transfer request must be made in writing not less than seven (7) days prior to departure and must include proof of acceptance of the transfer by the new traveller. Both you and the new traveller will remain jointly liable and responsible for any applicable travel service provider’s charges (including, but not limited to, booked airfares, train tickets, specifically allocated accommodation and nonrefundable Local Operator charges). Please note that some third party travel service providers may refuse such requests and treat the transfer as a cancellation and rebooking. If you request a change to any aspect of your booking, we will do our best to accommodate your request, but it may not always be possible due to availability. We will not charge a fee for changes requested more than 60 days before departure except where we incur costs from a supplier, in which case we will advise you of the relevant supplier fees. If you cancel any aspect of your booking more than 60 days prior to departure, we will provide you with a full refund or, at your option, a travel credit for a future tour. If you cancel within 60 days of departure, you will forfeit your deposit and you will be required to pay any applicable cancellation fee. CANCELLATION OR MODIFICATION BY US Every effort will be made to operate all tours as advertised but it must be remembered that our tours are planned up to 18 months in advance. If insufficient bookings have been made as at 42 days prior to departure, we may (in our absolute discretion) cancel the scheduled tour or operate any tour below the minimum number of passengers required. We recommend you do not book your flights until your tour is guaranteed. The following terms apply to a cancellation by us, except in the event of unavoidable or extraordinary circumstances (which are dealt with in the section immediately following this one). To the extent permitted by applicable law: • If your tour is cancelled by us, we will offer you in the first instance alternative travel arrangements of comparable standard if available (we will refund any price difference if the alternative is of a lower value), or a Back-Roads Touring credit for the full amount paid by you. Alternatively, we can offer you a refund of all money paid by you in respect of the tour (which excludes flights and/or insurance as they have their own booking terms and conditions), minus any unrecoverable costs and cancellation fees. • If your tour is cancelled after the tour has commenced, we will offer you in the first instance alternative travel arrangements of comparable standard if available (we will refund any price difference if the alternative is of a lower value), or a pro-rata Back-Roads Touring travel credit for the days that remain on your tour. Alternatively, we can offer you a refund of all money paid by you in respect of the days that remain on your tour (which excludes flights and/or insurance as they have their own booking terms and conditions), minus any unrecoverable costs and cancellation fees. “Unrecoverable costs” means all reasonable and direct costs we have incurred in relation to your tour, and includes amounts paid by us to other relevant suppliers who are responsible for components of your travel arrangements and which may be non-refundable. UNAVOIDABLE OR EXTRAORDINARY CIRCUMSTANCES In the event of unavoidable or extraordinary circumstances, we may materially modify or cancel your tour as set out below, subject to our hardship policy. In these booking terms and conditions “unavoidable or extraordinary circumstances” means any cause outside our reasonable control which could not have been prevented or avoided even if all reasonable measures had been taken by us (including, but not limited to, war, threat of war, riot, civil disturbances, industrial dispute, terrorist activity
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and its consequences, plague, epidemic, pandemic, infectious disease outbreak or any other public health crisis (including quarantine or other employee restrictions), natural or other disaster (such as volcanic ash or hurricanes or similar events), nuclear incident, fire or bushfires, adverse weather conditions (actual or threatened, including snow and fog), closed or congested airports or ports or other modes of transport, unavoidable technical problems with transport, unforeseen alterations to transport schedules, transportation disruptions or cancellations, domestic and/or international travel restrictions, changes to travel advisories and restrictions, changes to health advisories and quarantines, changes to immigration, labour and free-movement laws resulting from BREXIT, rescheduling of aircraft or boats or other modes of transport, changes to applicable laws and/or other government mandates (including evacuation orders and border closures), and similar events). A material modification is one that has a serious impact on your tour and would cause substantial inconvenience to you (including a change of departure date, departure point or airport, or change of departure time of more than twelve hours). A change of accommodation type, size or style, or transport type, size, method or style, is not a material modification. For example, we may alter or substitute the type, size, method or style of transport mentioned in the brochure and website, depending on the number of passengers carried, which can vary from tour to tour. In certain countries there are strict laws governing drivers’ hours and this may necessitate utilising public transport in some cities. CANCELLATION DUE TO UNAVOIDABLE OR EXTRAORDINARY CIRCUMSTANCES If your tour is cancelled due to unavoidable or extraordinary circumstances, we will offer you a travel credit for the full amount paid by you. If your tour is cancelled due to unavoidable or extraordinary circumstances after the tour has commenced, we will offer you a prorata travel credit for the days that remain on your tour. Travel credits are subject to the Back-Roads Touring travel credit terms and conditions (see below). SUPPLIER CHANGE AND CANCELLATION FEES Changed or cancelled bookings for any reason (including by reason of matters outside your or our control) may also incur travel service provider fees, which can be up to 100% of the cost of the booking, regardless of whether travel has commenced. Travel service provider fees may also apply where a booking is changed for any reason and when tickets or documents are re-issued. Where we incur any liability for a travel service provider change or cancellation fee for any booking which is changed or cancelled for any reason, you agree to indemnify us for the amount of that fee. Where you seek a refund for a changed or cancelled booking for which payment has been made to the travel service provider, we will not provide a refund to you until we receive the funds from that travel service provider (which may take 12 weeks, or longer, dependent upon the supplier processing time). In the event we are still holding the funds, we can only provide you with a refund once we are authorised by the travel service provider to process your refund, subject to that travel service provider’s change or cancellation policy. OUR LIABILITY TO YOU FOR BACK-ROADS OPERATED TOURS If the tour does not materially comply with the description in the brochure or website, we may compensate you to a maximum value equal to the price of the tour. We will only be liable to pay the maximum amount of compensation where there has been a total failure of consideration for your payment. We will not be liable where any failure in the performance or provision of your tour is due to: (i) your acts or omissions or the acts or omissions of another member in your group; (ii) any third party not connected with the provision of your travel arrangements; or (iii) unavoidable and extraordinary circumstances. Our liability will in all cases be limited in accordance with and/or in an identical manner to relevant international conventions, including, but not limited to, the Carriage by Air Conventions (within the meaning given in section 1(5) of the Carriage by Air Act 1961), the Athens Convention of 1974 on the Carriage of Passengers and their Luggage by Sea and the Convention of 1980 concerning International Carriage by Rail. Neither we nor any of our related bodies corporate, directors, officers, employees, servants or agents accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, howsoever caused, whether negligent or otherwise, of any of our related bodies corporate, directors, officers, employees, servants or agents, or any losses, except to the extent that such loss or damage is incurred as a direct result of our fraud or wilful misconduct. Where the law implies a warranty into these terms and conditions which may not lawfully be excluded (in particular, warranties under the Australian Consumer Law), our liability for breach of such a warranty will be limited to either supplying the services again or payment of the cost of having the services supplied again. We will not be responsible for any loss or damage sustained by you as a result of a contravention of any law or regulation of any of the countries visited while on the tour. This clause is subject to your rights under the Australian Consumer Law and nothing in these terms is intended to limit any rights you may have under the Competition and Consumer Act 2010 (Cth). OUR LIABILITY TO YOU FOR LOCALLY OPERATED TOURS If your tour is a Locally Operated Tour our obligation to you is to (and you expressly authorise us to) make tour bookings on your behalf with reasonable skill and care and to arrange a contract between you and the relevant Local Operator. We exercise care in the selection of reputable Local Operators but we have no control over, or liability for, the services provided by third parties. All bookings are made on your behalf subject to these and all other terms and conditions, including any conditions of carriage and limitations of liability imposed by the Local Operator. Your legal rights in connection with such tours are solely against the Local Operator and are not against us, except to the extent a problem is caused by fault on our part.
SEATBELTS You must wear a seatbelt at all times whilst you are in any vehicle. Neither we nor any Local Operator will be liable for any injury, death or claim howsoever arising from any accident if you have failed to comply with this requirement. FLEXIBILITY DURING TOUR Every effort will be made to operate all tours as advertised but there may be a necessity to vary the itinerary from that stated in the brochure and website, and delays may occur for a variety of reasons beyond our control. The need for a flexible attitude to this type of travel is important. All decisions relating to a tour itinerary will be taken by the Tour Leader, as appointed by us in the interest of the group as a whole. Please note that due to public holidays, changes to local operating hours and supplier availability some sights or activities may not be available on a particular tour. No refund will be made for services which for whatever reason are not used by you once the tour has departed. OPTIONAL ACTIVITIES AND EXCURSIONS Neither we nor our employees, servants, agents and/or contractors make any representation or warranty in relation to implied or explicit suggestions or recommendations of services, activities and events not highlighted as included in a tour as per the brochure, website or itinerary. You are responsible for all risks associated with the transportation to/from, and your participation in, or visitation to, any place, activity or excursion not expressly listed as an inclusion as per the brochure, website or itinerary. During your tour you may be offered the chance to purchase various optional excursions and activities. We do not own, operate or control any of the companies or individuals which provide the optional activities or excursions. Some of the optional activities and excursions may be inherently dangerous and risky. If you want to take part in such optional activities or excursions you must be fit enough to do so and must follow all reasonable instructions. The standards of health and safety which will be adopted by the company or the individual providing the optional activity or excursion will be those of the country where the optional activity or excursion takes place. Please note that these standards may not be the same as you would find in your home country. If you wish to book any optional excursion or activity, you may do so subject to the operator’s terms and conditions. Your contract will be with the operator of the activity or excursion and will be governed by local law. We act only as their agent. Neither we nor any of our related bodies corporate, directors, officers, employees, servants or agents accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, howsoever caused, whether negligent or otherwise, of any operator or operator’s employees, agents or sub-contractors, or any losses. DIETARY, HEALTH AND SPECIAL REQUIREMENT You must clearly state all your dietary requirements at the time of booking. We cannot guarantee that special dietary requirements can be met and we cannot take responsibility for any such requirements not being fulfilled. Walking is a fundamental part of our tours and certain tours may not be suitable for people with reduced mobility. If you have a medical condition (including any mental health disorder) that may reasonably affect your tour or you require special arrangements to be put in place, you must inform us in writing at the time of booking. We may ask you to complete a medical assessment form to assist us. If we cannot reasonably accommodate your particular needs, or where your participation will cause unreasonable disruption to the functioning of the tour, we may decline the booking or ask for you to be accompanied by a person who is able to provide full assistance to you throughout your tour. Please be aware that your fellow travellers may be of a diverse age range and from various nationalities. YOUR LIABILITY TO US You will not be permitted to embark or continue on the tour if, in the reasonable opinion of our representative, your mental or physical condition renders you incapable of caring for yourself, or where you become objectionable to other passengers, or where you become a hazard to yourself, other passengers, our personnel, any third party or where you have engaged in any illegal activity during a tour. We will not be responsible for expenses resulting in you being precluded from completing the tour for any reason, nor will we refund you any part of your tour cost. In all cases we will notify you of the reasons why we have taken this action. We will have no obligation to arrange for your return to the point of the tour departure if your condition manifests itself after the tour departure. Further, if the tour involves travel by air, the airline may refuse to allow you to fly on the aircraft if they believe that you could be dangerous or disruptive to other passengers on the flight. You agree to indemnify us in full and on demand against all losses (direct and indirect and howsoever caused) arising from any third-party claims, demands or actions taken against us for injury, loss, damage or destruction caused by you or arising from your participation on the tour. Without limiting the foregoing, you agree to indemnify us for all excess cleaning fees and property damage claims related to your accommodation. INSURANCE & CLAIMS You must take out comprehensive travel insurance before you travel on your tour. Your insurance protection must include cover for cancellation, medical and repatriation expenses, personal injury and accident, death, and loss of personal baggage and money and personal liability insurance. Evidence of such insurances must be produced to us on request and normally on day one of your tour or date of departure. Insurance cover offered by credit card companies or reciprocal medical cover agreements are often not comprehensive.
party to the action. You must co-operate fully with us should we or our insurers wish to enforce those rights which have been assigned to us. If you make a claim against us which is covered by your insurance policy, you agree to pursue the claim through your insurer either in addition to, or in substitution for, your claim against us (if any). We agree to indemnify you in respect of reasonable expenses incurred in successfully pursuing such a claim and acknowledge that any settlement made by the insurer shall not prejudice your rights against us. TRAVEL ADVICE We recommend that you visit your government’s travel advice website prior to the commencement of travel. In the UK, the Foreign, Commonwealth and Development Office issues travel advice and warnings at www.fco.gov.uk. The Australian government provides an equivalent service at www.smartraveller.gov.au. We strongly recommend that you familiarise yourself with the current status and updates to Australia’s immigration and border arrangements during the COVID-19 (Coronavirus) outbreak, available at www.covid19.homeaffairs.gov.au/. We use information from government departments and reports from our own contacts in assessing whether the tour should operate. However, it is also your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks and the nature of your tour. You acknowledge that your decision to travel is made in light of your consideration of this information and you accept that you are aware of the personal risks attendant upon such travel and assume responsibility for all such risks. To the fullest extent permitted by law, we accept no liability in relation to these additional risks. COMPLAINTS In the event of any dissatisfaction with the accommodation or any other service provided by us, you must report it immediately to the Tour Leader, as appointed by us, so that action can be taken to remedy the problem. Failure to immediately notify the Tour Leader of any problem may result in your claim for compensation from us being denied or reduced. Any complaint made to us following the conclusion of the tour should be made in writing within 28 days of completion of the tour. If you do not notify us in writing within 28 days, our ability to investigate the complaint may be prejudiced. In the UK, we can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com. DATA PROTECTION We are committed to protecting your personal information and agree to process your personal information in accordance with our Privacy Notice, which is available online at www.backroadstouring.com/privacy. In order to make your booking and ensure that your travel arrangements run smoothly, we need to use the information you provide and pass it on to other relevant suppliers who are responsible for parts of your travel arrangements. In many cases this will include transferring your data to overseas recipients (including to recipients outside of the European Union). Personal information may also be provided to public authorities such as customs or immigration if required by them, or as required by law. SMOKING We enforce a non-smoking policy on our coaches (although we make frequent stops for breaks) and in most of our accommodation. LUGGAGE There are strict weight limits for coaches when fully loaded. You are entitled to have one piece of main luggage of standard size (see the pre-departure information or our website for size limits) and not weighing more than 20kg. In addition you may bring a daypack. PUBLISHING CONSENT You acknowledge and agree that our future advertising and publicity material may include statements and content, such as photographs and videos, made or taken by passengers, and you consent to such use of your comments or photographic/video likeness. You consent to any such content being taken and you grant to us a royalty-free license to reproduce the content for any purpose whatsoever (including promotional materials and marketing), in any means and without any further obligation or compensation payable to you. WI-FI We will endeavor to deliver Wi-Fi connection (if stated on the relevant tour) to the best of our ability. This service is subject to availability and may not be available on some peak season departures or in the event of technical issues. *** BACK-ROADS TOURING TRAVEL CREDIT TERMS AND CONDITIONS To redeem your Back-Roads Touring travel credit, please visit www.backroadstouring.com/contact-us for contact details or see your local travel agent. Travel credit applies to the tour price only, and is not applicable to any other additional services or ancillary cost. This offer is valid until further notice. Refund in the form of a non-refundable travel credit to the value of the amount paid plus $300 (AUD per person), redeemable for travel until 31 December 2022. Travel credits are not redeemable for cash. The new booking is subject to any increase in price and the booking conditions that apply at time of purchase. Offer may be withdrawn at any time and other restrictions may apply.
If you make a claim against us you agree to assign to us or our insurers any rights to take action against any third party supplier/tour operator or any other person or party that may have been wholly or partly responsible for the claim or who we reasonably consider should be a
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