5 Star Beach Bay Cottage


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Beach Bay Cottage

Terms and Conditions

All Bookings are via Scottish Country Cottages these are their Terms and Conditions
In these Booking Conditions, 'you' and 'your' means all persons named on the booking form (including anyone who is added or substituted at a later date). 'We', 'us' and 'our' means The Hoseasons Group Limited of Spring Mill, Earby, Barnoldswick, Lancashire, BB94 0AA. English Country Cottages, Scottish Country Cottages, Welsh Country Cottages are trading names of The Hoseasons Group Limited.

Before booking with us, please read these Booking Conditions carefully and all the other information relevant to your booking, including the Property Rental Conditions (which means all information contained in any specific conditions or restrictions set out in the brochure or website description of your chosen property[ies] and the Important Information section of the brochure or the website or otherwise advised to you.)  In these Booking Conditions, unless the context otherwise requires, words in the singular shall include the plural and vice versa.
The Hoseasons Group Limited arranges bookings as agent of the owners of the accommodation (“Owner”). When you book a property with us acting as agent for the Owner concerned you enter directly into a contract with the Owner.
As we act as agents when taking your booking, we accept no liability in relation to any contract you enter into for accommodation or for the acts or omissions of any Owner or other person or party connected with your booking.
1. Making your booking

All bookings are subject to availability.  The party leader must be at least 18 years at the time of booking.  The party leader must be authorised to make the booking on the basis of these Booking Conditions by all other members of the party.  By making the booking, the party leader confirms that he/she is so authorised and that all other party members agree that the booking is subject to these Booking Conditions.  The party leader is responsible for making all payments due to us. 
Subject to availability and receipt of all applicable payments by us, the party leader will be issued with a written confirmation (see below) as soon as reasonably possible showing your booking details and the balance of your total booking cost remaining due.  Your binding contract with the Owner comes into existence when the written confirmation is issued.  For bookings made within 14 days of departure, a binding contract with the Owner comes into existence when we give verbal confirmation of your booking to you or your travel agent and you have made the appropriate payments to us or your travel agent.  Receipt and banking of any deposit monies will not constitute acceptance of a booking.
Please note we will provide you with your written confirmation either by post, electronically or by email.  If you book with us online, we will acknowledge receipt of your booking and then provide your confirmation to you electronically or by email.  If you book by post or telephone we will send your confirmation to you by post unless you advise us at the time of booking that you would prefer it to be provided electronically or by email.   It is your responsibility to check your emails regularly and to advise of any change to your email address.
We, on behalf of the Owner have the right to refuse any booking prior to the issue of your written confirmation.  If we do this, we will tell you in writing and promptly refund any money due that you have paid to us.  In this case neither we nor the Owner shall have any liability towards you.
As soon as your confirmation is received, you must check the details carefully.  If anything is not correct you should tell us immediately. If you book through a travel agent your confirmation and all other documents will be sent to your travel agent. 
2. Payment

When you book you should pay the deposit amount then due (plus any insurance premiums payable) by debit or credit card, or by sending a sterling cheque to us. The balance must be received by us no less than 10 weeks before the start of your arrangements. However, if you book less than 10 weeks before the start of your arrangements, full payment of the total cost (including any insurance premiums) must be paid at the time of booking.  For any accommodation booked less than 2 weeks before departure your booking must be paid for in full by debit or credit card, or by bank transfer, at the time of booking.
If any payment due in relation to your booking is not paid by the appropriate date, we on behalf of the Owner are entitled to assume that you wish to cancel your booking.  In this case, we on behalf of the Owner will be entitled to keep all deposits paid or due at that date.
If you pay by credit card we will make a charge of up to 2.5%, subject to a minimum charge of £2.00 for each payment made this way to defray costs, expenses and charges incurred by us in connection with credit card payments.  If your payment is not honoured for any reason whatsoever, we are entitled to make an administration charge of £26.
3. Pricing

The prices of unsold products and services may be increased or decreased and corrections made to errors in advertised prices at any time before your arrangements are confirmed.  The price of your chosen arrangements will be confirmed at the time of booking.  As changes and errors occasionally occur, you must check all details at the time of booking.

All prices quoted or otherwise advised to you include all charges and any UK taxes or governmental levies that apply to your reservation at the time of booking.
We reserve the right to pass on to you in full, after your booking has been confirmed, all costs and/or charges incurred or imposed by the Owner and connected with your accommodation, including any price increases due to currency fluctuations.

4. Low Initial Deposit Offers

Occasionally, offers are made giving you the chance to book properties at either a lower than usual, or a nil, initial deposit.  Details of any additional terms specific to the offer will be notified to you prior to or on making your booking and should be read in conjunction with these Booking Conditions.  If you book a property at either a lower than usual, or a nil initial deposit, you also agree to pay the difference between the amount paid and the usual deposit, plus any booking fee and any insurance premiums due, either at the time the balance of your booking is due, or at the time of cancellation if you cancel your booking.  If you cancel you must also pay all other applicable cancellation charges.  Please refer to Section 7 for details regarding cancellations.  Any insurance premiums must still be paid at the time of booking.  We reserve the right to extend any Low Initial Deposit offer.
5. Brochure or website details

We aim to ensure that the information provided by Owners is accurately conveyed on our website, in brochures and other promotional literature or material produced and circulated by us.  There may be small differences between the actual property and its description, as the Owners are always seeking to improve services and facilities.  Occasionally, problems mean that some facilities or services become unavailable or subject to restriction.  If this happens, we will tell the party leader as soon as reasonably practical after we become aware of the situation.  We cannot accept responsibility for any changes or closures to local services or attractions mentioned in the brochure or on our website, by our advisers or advertised elsewhere.  We makes reasonable efforts to ensure that information supplied to you in relation to your property and its facilities and/or services as well as advertised travel and other services is accurate and complete as at the date given.  We cannot accept responsibility for any inaccurate, incomplete or misleading information about any property or its facilities and services, except where any such information has arisen out of our negligence.
6. ABTA Membership

We are a Member of ABTA, membership number Y0662.  As an ABTA member we are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We are also able to offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract.  Further information on the Code and arbitration can be found on ABTA’s website www.abta.com
The arbitration scheme is administered independently by IDRS, part of the Chartered Institute of Arbitrators. It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. The scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,000 on the amount the arbitrator can award per person in respect of this element. The application for arbitration and Statement of Claim must be received by IDRS within nine months of the last day of your booking.  Outside this time limit arbitration under the Scheme may still be available if we agree, but the ABTA Code does not require such agreement.
For injury and illness claims, you may like to use the ABTA/Chartered Institute of Arbitrators Mediation Procedure. This is a voluntary scheme and requires us to agree for mediation to go ahead. The aim is to help you resolve your dispute in a quick and cost effective way. Details on request or from www.abta.com. Alternatively you may write to ABTA Ltd, 30 Park Street, London SE1 9EQ or telephone: +44 (0)20 3117 0500.

7. If you change or cancel your booking

(i) Changes
If, you wish to change any detail of your confirmed booking we will do our best to make the changes, provided that notification is received in writing at our offices by the party leader, or from your Travel Agent.  However, we cannot guarantee that the Owner concerned will be able to meet any such request.  This notification must be accompanied by a payment of £26 for each change or £41 for each change if travel documents have been issued, together with any costs incurred by us and any costs or charges incurred or imposed by any Owner.  Please be aware that any amendment will be made at the current brochure price, which may differ from the price in the brochure from which you booked your chosen arrangements.  Please note that changes to your dates or accommodation may be treated as a cancellation of the original booking and hence be subject to cancellation charges. 
(ii) Full Cancellations

If you have to, or wish to, cancel your booking, the party leader must telephone us on the number shown on your booking confirmation as soon as possible.  The day we receive your telephone notification of cancellation is the date on which your booking with the Owner is cancelled.

Depending on your reason for cancellation, you may receive a refund authorised by the Owner of all monies you have paid to us for your booking (excluding all booking fees and,  where applicable, the premium for any personal travel insurance you have arranged with us, any amendment charges, and credit card charges you have already incurred.  We will also retain a cancellation administration fee of £51 per week or per part week per booking.)

Please note: The refund provisions referred to above only apply if the cancellation applies to all members of your party.  All prices are for the entire property and not on a per person basis.

Under your contract with the Owner, in order to qualify for a refund your reason for cancelling must be one of the following, must apply to a member of your party, and with the exception of pregnancy must have occurred after your booking and must prevent you from taking your trip. Please note that you will not receive a refund for pregnancy where the party member is expected to give birth within 14 weeks of the arrival date home.

Illness/Pregnancy (subject to medical evidence of  unfitness to travel); Death; Redundancy (provided employment has been on a continuous basis with the same employer for at least 2 years); Jury or Witness service (in a Court of Law); Illness or Death of a close relative (a close relative is defined as one of the following - Spouse, Son or Daughter (in law), Parent (in law), Grandparent, Sister or Brother, Fiancé(e)); your home is rendered uninhabitable due to fire, storm, flood, subsidence or malicious damage; your presence is requested by the Police, following a burglary at your home or place of business, during the period of your booking or within the preceding 7 days; your unexpected posting by HM Forces or cancellation of leave by HM Police (unless the cost of the lost booking is recoverable from any other source); or compulsory quarantine.  You may also receive a full refund if you are unable to reach your booking destination due to snow or flood conditions or as a result of being involved in an accident en route (NB: This only applies if you have made every effort to attempt to complete your journey.  You will need to produce evidence from the Police, RAC or AA).  Although a refund is available in these circumstances you may prefer to delay your arrival.  In these cases a 25% refund is available for each 24 hour delay, up to a maximum of 72 hours = 75% (For short breaks, a fixed refund of 50% applies for all arrivals delayed for more than 24 hours).  You will be asked to complete a Booking Cancellation form which may require signing by a Medical Practitioner or employer and in which we may request further information from a third party.

The following reasons for cancellation do not qualify for a refund as set out above: suicide or attempted suicide, intentional self-injury, the effect of intoxicating liquor or drugs, or any other reason which is not specifically referred to.

Where the reason for cancellation does not fall within one of the qualifications for a refund as set out above, e.g.: dis-inclination to travel, leave cancelled by employer (other than HM Forces or the Police) etc, a cancellation charge will be payable, levied by the Owner, based on the number of days before the arrival date at the property that we receive notification of your cancellation, as shown in the following table.  This means that if you have paid the balance of your total booking cost and then have to, or wish to, cancel, you may receive a refund of part of such cost.  However, if you have not paid your total booking cost including any booking fee and, where purchased, the premiums for any insurances, by the time of your cancellation, you may be required to make a further payment by way of cancellation charge.  For the purpose of the table below, Accommodation Cost means the total cost of the accommodation booking, including any extra items. Any insurance premiums, booking fees, credit card charges and administration fees for making any changes will still be payable in full by you.

Please note that, where already paid, such insurance premiums, booking fees, credit card charges and administration fees are not refundable in the event of your cancellation.

CANCELLATION CHARGES

Number  of days before start date of your arrangements that notification of cancellation is received by us

Cancellation Charge (plus all booking fees, insurance premiums, credit card charges or administration fees payable by you)

More than 70 days

Full Deposit (including any Balance of Deposit due)

29 – 70 days

50% of Accommodation Cost or Full Deposit (including any Balance of Deposit due), whichever is the greater.

15 – 28 days

75% of Accommodation Cost

14 days or less

90% of Accommodation Cost

On arrival date or later

Full Accommodation Cost

If you live outside the UK and have booked through a local agent, the term “Accommodation Cost” in the above cancellation charges table means the amount paid by your local agent to us after deducting any booking fees, insurance premiums and any administration charge paid to us for making any change.

(iii) Curtailment of your stay
A refund as set out above is also available if your stay is cut short for any of the qualifying reasons set out in (ii) above.  In this case, you will be reimbursed for the appropriate proportion of the cost of your stay.  This only applies if the property is vacated by all persons in your party.  Where your stay is curtailed for medical reasons affecting any persons in your party, you will need to produce a certificate from a local doctor, confirming the necessity of returning home.
(iv) Partial Cancellations
Where only part of your party needs to cancel this will not normally affect the total cost of your booking unless any travel arrangements or additional services which are charged on a per person basis are cancelled. In these instances any such per person charges paid will be refunded after deducting any cancellation charges made by the Owner concerned. 
8. Cancellations or changes by the Owner

The Owners do not expect to have to make any changes to your booking, but sometimes problems occur and bookings have to be changed or cancelled or errors in brochures or other details corrected.  The Owner reserves the right to do so.  If this does happen, we, on their behalf, will contact the party leader (by telephone where reasonably possible in the case of a significant change or cancellation; minor changes will be notified by post) as soon as is reasonably practical, explain what has happened and inform you of the cancellation or change. 
9. Force Majeure

Except where otherwise expressly stated in these Booking Conditions, we, regret that neither we nor the Owner can, either jointly or individually, accept liability or pay any compensation where the performance or prompt performance of the obligations under your contract by us or the Owner is prevented or affected by or you otherwise suffer any damage or loss as a result of “force majeure”.  In these Booking Conditions “force majeure” means an event beyond the reasonable control of the Owner and/or us which we or the Owner in question could not, even with all due care, foresee or avoid including, but not limited to strike, lock-out, labour dispute, act of God, acts of terrorism, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, insolvency or bankruptcy of an Owner,  fire, flood, snow and storm, difficulty or increased cost in obtaining workers, goods or transport and other circumstances affecting the supply of goods or services.
10. Our liability to you

As we act only as agent for the Owner we cannot accept any liability for any act or omission on their part or of anyone representing, or employed by them. Further, we cannot accept any liability for any shortcomings or defects with or in any property as all properties are within the sole control of the Owners. Your contract with the Owner is subject to their terms and conditions, which may contain additional limitations to their liability. If you have any complaints regarding any services we provide (as opposed to any provided by the Owner), you must inform us immediately in writing and in any event within 7 days of the end of any arrangements booked through us. We regret we cannot accept any liability if we are not so notified. Our maximum liability to you if we are found to be at fault in relation to any service we provide (as opposed to any service provided by the Owner for whom we are not responsible) is limited to the commission we have earned or are due to earn in relation to the booking in question, plus any unrecoverable expenses directly related to your booking which you incur as a result of that failure.  We do not exclude or limit any liability for death or personal injury which arises as a result of our negligence or that of our employees whilst acting in the course of their employment, or for our own criminal act.
Neither we nor the Owner can be held responsible for noise or disturbance originating beyond the boundaries of the property or which is beyond the Owner's control. In the event that a source of reasonably obvious noise has been in existence prior to your arrival and we are informed of this, we will contact you to inform you of the disturbance.
We cannot be held responsible for the breakdown of mechanical equipment such as pumps, boilers, swimming pool filtration systems, nor for the failure of public utilities such as water, gas and electricity.
11. Conditions of the Owner

In some cases Owners provide services in accordance with their own terms and conditions.  Some of these terms and conditions may limit or exclude the Owner’s liability to you. We may forward any relevant terms to you on their behalf
12. Insurance

We recommend that you take out adequate travel insurance to cover you for the duration of your stay.  
13. Disabilities and medical problems

If you or any member of your party has any medical problem or disability that may affect your booking please tell us before you confirm your booking and give us full details in writing as early as possible before you travel.  If the Owner reasonably feels unable to properly accommodate the particular needs of the person concerned we reserve the right to decline or cancel the reservation.
14. Your Property

You can arrive at your property at any time after 3.00pm (unless advised otherwise, for example on your confirmation) on the start date of your rental period and you must leave by 10.00am on the last day.  If your arrival will be delayed beyond 8.00pm on the start date of your rental period, you must contact the person whose details are given on the location guide.  If you fail to do so, you may not be able to gain access to the property.  If you fail to arrive by 12 noon on the day after the start date of your rental period and you do not advise the person whose details are given on the location guide of your late arrival, we on behalf of the Owner may treat your booking as having been cancelled by you.  No refund of any monies paid by you will be made in this situation. 
Some Owners may require you to pay a security deposit on arrival.  If this applies to your chosen property you will be advised of the amount at the time of booking.  The security deposit will be refunded by the Owner at the end of your rental period (less any costs for breakages, damage etc if applicable). 
You and all members of your party agree to keep the property clean and tidy, to leave the property in a similar condition as you found it upon your arrival, and to behave lawfully at all times whilst at the property.  You and all members of your party further agree not to use the property for any unlawful or commercial purpose, including without limitation assigning or subletting it or otherwise allowing anyone to occupy it who has not previously been accepted by us on behalf of the Owner.  You are responsible to the Owner for the actual costs of any breakage or damage in or to the property - along with any additional costs that may result - which are caused by you and/or any members of your party, and the Owner can require payment from you to cover any such costs.
The Owner is entitled at their sole and absolute discretion to refuse to hand over to you, or to repossess, the property if the Owner reasonably believes you or any member of your party is behaving unlawfully, or that any damage is likely to be caused, has been caused or is being caused by the behaviour of you or any members or your party.  These circumstances will be treated as a cancellation by you.  You also must not allow more people than the brochure states to occupy the property, neither can you significantly change the composition of your party during your occupation of the property.  If you do any of these things, the Owner can refuse to hand over the property to you, or can repossess it.  If the Owner does so, this will be treated as a cancellation by you.  In these situations no refund of any monies you have paid in respect of your booking will be made and neither the Owner nor we will have any liability to you as a result of this situation arising (including for example any costs or expenses you incur due to not being able to occupy the property, such as the cost of securing an alternative property/ accommodation or the payment of any compensation to you).  Neither we nor the Owner will be obliged to find any alternative accommodation for you.
You must allow the Owner and any representative of the Owner (including workmen) access to the property at any reasonable time during your occupation of the property (except in cases of emergency or where a problem needs remedying quickly and you cannot be contacted in time - in these situations the Owner is entitled to enter the property at any time without giving you prior notice).
Pets are not allowed unless stated in the brochure.  If you take a pet with you, it is not allowed on beds or furniture, or in any communal facilities, such as swimming pools or shops.  Pets should not be left unattended in the property, and dogs should be kept on a lead within the boundaries of a property including the garden.  Registered guide and support dogs belonging to those with visual and hearing impairments are allowed in all properties featured in this brochure even where the property description states that pets are not allowed.  Customers with allergies should be aware that we cannot guarantee that a registered guide and/or support dog has not stayed in their chosen property nor can we accept any liability for any suffering which may occur as a result of such animals having been present.  You should also refer to the information regarding taking pets included in our brochure or on our website. 
15.  Special requests

If you have any special requests you must advise us at the time of booking and confirm them in writing. Although we will endeavour to pass any reasonable requests on to the Owner, no guarantees can be given that any request will be met.  Confirmation that a special request has been noted or passed on to the Owner, or the inclusion of the special request on your written confirmation or any other documentation, is not confirmation that the request will be met.  Failure to meet any special request will not be a breach of your contract.  Conditional bookings cannot be accepted i.e.: any booking which is specified to be conditional on the fulfilment of a particular request.

16. Complaints

If you have any cause for complaint then we, together with the Owner are anxious that remedial action is taken as soon as possible. Because the contract for your accommodation is between you and the Owner, any queries or concerns should be addressed to them.  It is essential that you contact the Owner or their representative immediately if any problem arises so that it can be speedily resolved.  It is often extremely difficult (and sometimes impossible) to resolve difficulties properly unless the Owner is promptly notified.  Discussion of any criticisms with the Owner or their representative whilst you are in residence will usually enable shortcomings to be rectified straightaway.  In particular, complaints of a transient nature (for example, regarding preparation or heating of the property) cannot possibly be investigated unless registered whilst you are in residence.  If you cannot make contact with the Owner or his/her representative, or if you remain unhappy with their response, you should immediately telephone the Customer Care Line on the number shown on your confirmation.  If, after this, you feel that the problem has not been resolved to your satisfaction, then the party leader must, within 30 days of returning from your holiday rental, put your complaint in writing to us.  This will then be passed on to the Owner.  Send your letter by recorded delivery to our office at Spring Mill, Earby, Barnoldswick, Lancashire, BB94 0AA, marked for the attention of the Customer Relations Department.  This procedure is designed to ensure the speediest possible investigation and rectification of complaints.  Please help us and the Owner to help you by following this procedure.  If you fail to do so, this may affect your entitlement to claim compensation where this would or may otherwise have been appropriate.  As we act only as an agent for the Owner, we cannot accept any liability for your property.  Any assistance provided in resolving a complaint in relation to your booking is provided on a goodwill basis and in our capacity as agent only.

17. Passports, visas and health requirements

We regret we cannot accept any liability if you or any members of your party are refused entry onto any transport or into any country due to the failure on the part of the person concerned to carry or supply correct documentation.  If you or any member of your party is not a British citizen or holds a non-British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel.   If failure to have or to supply any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us or any Owner, you will be responsible for reimbursing us or the Owner accordingly.  We reserve the right to request any personal details, including passport numbers, if required to do so by the authorities or by law.
18. Governing law

It is agreed that any dispute, claim or other matter which may arise in relation to your booking will be governed by English Law and the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
19. Communicating with you

For the purposes of the Data Protection Act 1998, The Hoseasons Group Limited is the sole data controller of all personal data provided to us by customers and prospective customers.  In order to process your booking we need to collect certain personal details from you, for example names and addresses of party members, credit/debit card or other payment details, special requirements such as those relating to any disability or medical condition which may affect any party member’s arrangements and any dietary restrictions which may disclose religious beliefs.
If we need any other personal details, we will tell you before we obtain them from you.  We need to pass on your personal details to the companies and organisations who need to know them so that your booking and any travel-related services (if any) can be provided for example the Owner, other suppliers or agents, your credit/debit card company or bank, the insurance company if you purchase our personal travel insurance policy(ies) or for verification of details relating to your booking. Such individuals, companies and organisations may be outside the European Union.  Data protection legislation in those countries may differ from that in the UK.
We also need to process and store your personal details for our own administration, market analyses and operational reviews.  We would also like to store and use your personal details for future marketing purposes (for example, sending you brochures, emails or details of promotions and offers which we feel may be of interest to you).  Please see our privacy policy for full details, which is available on our website. All details you give to us at any time will be kept, but only names, contact details and any booking preferences will be used for marketing purposes unless you are informed otherwise when you provide the information.
We may disclose customers’ names, contact details and booking preferences to any of our trading divisions, to our parent company, Wyndham Worldwide, or to any company within the Wyndham Worldwide group of companies, such as RCI Europe, or any subsidiaries of such companies who offer goods or services which we feels may be of interest to you.  We may also disclose your details to immigration or law enforcement authorities where we are required to do so.
Occasionally, we may sell or provide customers’ names, contact details and any booking preferences to other individuals, companies and organisations authorised by us who offer goods or services which we feel may be of interest to you.  The companies, organisations and third parties to whom we disclose customer details may contact any members of your party by post, e-mail, telephone, including automated dialling equipment, fax, and/or pre-recorded messages for the purposes set out in this Section. 
If you do not wish to receive any or all of the communications set out in this Section, please let us know as soon as possible by telephone, letter, e-mail or fax.  We are entitled to assume that you do not object to being communicated with unless you have indicated otherwise either at the time you gave your details to us or subsequently.
Except where expressly permitted by the Data Protection Act 1998, we will only deal with the personal details you give to us as set out above unless you agree otherwise.  You are generally entitled to ask us (by letter, fax or e-mail) if and how we are processing your personal details.  We are entitled to charge a fee in responding to such a request.  We promise to respond to your request within 40 days of receiving this in writing and payment of the appropriate fee (if required by us).  In certain limited circumstances we are entitled to refuse your request.  We may also record or monitor telephone calls to and from us for staff or training purposes.

The prices and booking conditions on this website supersede all those previously published.

Prices and booking conditions may be updated, changed or varied subsequently.

The Hoseasons Group Limited
Registered Office: Spring Mill, Earby, Barnoldswick, Lancashire, BB94 0AA.
Registered in England and Wales.  Company Registration Number: 01400552.
VAT Registration Number: GB 598 22 99 77.
The Hoseasons Group Limited is a Wyndham Worldwide Company.

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