Passenger transportation by US Helicopter
Corporation (hereafter "Carrier") is subject to the following
terms and conditions, in addition to any terms and conditions printed
on or in any Ticketless Travel Confirmation, specified on Carrier‘s
Internet site with respect to electronic ticketing, or published in
Carrier‘s schedules. By making a reservation, purchasing or accepting
transportation, the passenger agrees to be bound thereby. 1.
Definitions Baggage means all luggage, including suitcases, garment bags, tote bags, packages,
camera and electronics bags, computer and equipment cases, briefcases,
typewriters, and similar articles, whether carried by the passenger
in the cabin or carried in the aircraft cargo compartments. Coats
and wraps, when carried by the passenger in the passenger cabin, will
not be considered as baggage. Baggage tag/Baggage Check means a document issued by Carrier solely for identification
of checked baggage, a portion of which (Tag) is affixed by Carrier
to a particular article of checked baggage for routing purposes and
a portion of which (Check) is given to the passenger for the purpose
of claiming the baggage. Carriage means the transportation of passengers and/or baggage by air, gratuitously
or for hire, and all services of Carrier incidental thereto. Carrier means US Helicopter Corporation. Checked baggage means baggage of which Carrier takes sole custody and for
which Carrier has attached a baggage tag(s) and/or issued a baggage
check(s). Days means full calendar days, including Sundays and legal holidays; provided
that, for the purpose of any required Carrier notification, the balance
of the day upon which notice is given shall not be counted, and when
the last day falls on Sunday or a legal holiday, such Sunday or legal
holiday will not be counted. Individual with a disability means a person who:
1.
has a physical or
mental impairment that, on a permanent or temporary basis, substantially
limits one or more major life activities;
2.
has a record of such
an impairment; or
3.
is regarded as having
such impairment, as further defined in U.S. Department of Transportation
regulations at 14 C.F.R. § 382.5. One-way means
travel from one point to another on Carrier's scheduled air service
assigned for travel between the two points. Passenger means
any person, except members of the crew, carried or to be carried in
an aircraft with the consent of Carrier. Ticketless Travel Confirmation means that document issued by Carrier or an authorized travel
agent which provides for the carriage of the passenger occupying a
single seat. Qualified individual with a disability means an individual with a disability who:
1.
with respect to accompanying or meeting
a traveler, use of ground transportation, using terminal facilities,
or obtaining information about schedules, fares, or policies, takes
those actions necessary to avail himself or herself of facilities
or services offered by Carrier to the general public, with reasonable
accommodations, as needed, provided by Carrier;
2.
with respect to obtaining air transportation
on Carrier, offers, or makes a good faith attempt to offer, to purchase
or otherwise to validly obtain air transportation; or
3.
with respect to obtaining air transportation
or other services or accommodations, as provided by U.S. Department
of Transportation regulations on Nondiscrimination on the Basis of
Disability in Air Travel, 14 C.F.R. Part 382:
a.
purchases or possesses a valid Ticketless
Travel Confirmation for air transportation on Carrier and presents
himself or herself at the airport for the purpose of traveling on
the flight for which the Confirmation has been purchased or obtained;
b.
meets reasonable, nondiscriminatory
requirements of this Contract of Carriage applicable to all passengers;
and
c.
whose carriage will not violate the
requirements of the Federal Aviation Regulations or jeopardize the
safe completion of the flight or the health or safety of other persons. Roundtrip means travel from one point to another
and return to the first point on Carrier‘s scheduled air service assigned
for travel between the two points. Scheduled air service means any flight scheduled in the current edition of the Official
Airline Guide (OAG), Carrier‘s published schedule, Carrier‘s Internet
site, or the computer reservation system used by Carrier. Ticketless Travel Confirmation means the electronically-recorded
information in Carrier's computer reservation system that provides
for the carriage of the passenger and his or her baggage. Unchecked baggage is baggage other than checked baggage. 2.
Not used The terms and conditions
contained in this Contract of Carriage shall govern the application
of all fares, rates, and charges published by Carrier and will apply
only to Carrier‘s routes and services. No agent, servant, or representative
of Carrier has authority to change or waive any provision of this
Contract of Carriage unless authorized by a corporate officer of Carrier. The Carrier
shall be liable under Article 17 of the Warsaw Convention or Montreal
Convention, whichever may apply, for recoverable compensatory damages
sustained in the case of death or bodily injury of a passenger, as
provided in the following paragraphs:
1)
The Carrier shall not be able to exclude its liability for damages
not exceeding $100,000 Special Drawing Rights for each passenger.
2)
The Carrier shall not be liable for damages to the extent that they
exceed $100,000 Special Drawing Rights for each passenger if the Carrier
proves that:
a)
such damage was not due to the negligence or other wrongful act or
omission of the Carrier or its servants or agents; or
b)
such damage was solely due to the negligence or other wrongful act
or omission of a third party.
3)
The Carrier reserves all other defenses and limitations available
under the Warsaw Convention or the Montreal Convention, whichever
may apply, to such claims including, but not limited to, the exoneration
defense of Article 21 of the Warsaw Convention and Article 20 of the
Montreal Convention except that the Carrier shall not invoke Articles
20 and 22(1) of the Warsaw Convention in a manner inconsistent with
paragraphs and hereof.
4)
With respect to third parties, the Carrier reserves all rights of
recourse against any other person, including with limitation, rights
of contribution and indemnity.
5)
The Carrier agrees that, subject to applicable law, recoverable compensatory
damages for such claims may be determined by reference to the laws
of the country of the domicile or country of permanent residence of
the passenger. 5.
Electronic Surveillance of Passengers and Baggage Passengers and their baggage
are subject to inspection with an electronic detector with or without
the passenger‘s consent or knowledge. 6.
- 9. Not used Carrier will refuse to transport, or
will remove from an aircraft at any point, any passenger in the following
circumstances:
A.
Safety and Government Request or Regulation
- Whenever such action is necessary for reasons of aviation safety
or to comply with any Federal Aviation Regulation or other applicable
government regulation, or to comply with any governmental request
for emergency transportation in connection with the national defense,
or whenever such action is necessary or advisable by reason of weather
or other conditions beyond Carrier‘s control (including, without limitation,
acts of God, force majeure, strikes, civil commotions, embargoes,
wars, hostilities, or disturbances, whether actual, threatened, or
reported).
B.
Search of Passenger or Property - Any
passenger who refuses to permit the search of his or her person or
property for explosives or a concealed, deadly, or dangerous weapon
or article.
C.
Proof of Identity
- Any passenger who refuses on request to produce positive identification.
D.
Special Medical Requirements - Carrier
will refuse to transport persons requiring the following medical equipment
or services, which either are not authorized or cannot be accommodated
on Carrier‘s aircraft: medical oxygen for use onboard the aircraft,
incubators, respirators that must receive power from the aircraft‘s
electrical power supply, or persons who must travel on a stretcher. Qualified
Individuals with a Disability - Carrier will transport qualified individuals
with a disability in accordance with the conditions and requirements
of U.S. Department of Transportation regulations, 14 C.F.R. Part 382,
unless the carriage of such individuals may impair the safety of the
flight or violate Federal Aviation Regulations. If
your physical condition is such that you are unable to step up into
the helicopter and seat unassisted, for safety considerations
US Helicopter cannot accommodate you. F.Comfort and Safety
- Carrier may refuse to transport or remove from the aircraft at any
point any passenger in the following categories as may be necessary
for the comfort or safety of such passenger or other passengers:
1.
Persons whose conduct
is or has been known to be disorderly, abusive, offensive, threatening,
intimidating, or violent; NOTE:
Carrier will not refuse to provide transportation to a qualified individual
with a disability solely because the individual‘s disability results
in appearance or involuntary behavior that may offend, annoy, or inconvenience
crewmembers or other passengers.
2.
Persons who are barefoot
(other than infants);
3.
Customers who are unable to lower the armrests (the definitive boundary
between seats) should proactively book the number of seats needed
during initial reservations. This
purchase serves as a notification of an unusual seating need. Most importantly, it ensures that all onboard
have access to safe and comfortable seating.
4.
Persons who appear
to be intoxicated or under the influence of drugs;
5.
Persons who are known
to have a contagious disease;
6.
Persons who have
an offensive odor, except where such condition is the result of a
qualified disability;
7.
Persons who wear
or have on or about their persons concealed or unconcealed deadly
or dangerous weapons; provided, however, that Carrier will carry passengers
who meet the qualifications and conditions established in Federal
Aviation Regulation, 14 C.F.R. § 108.11;
8.
Manacled persons
in the custody of law enforcement personnel; persons brought into
the airport in manacles; persons who have resisted escorts; or escorted
persons who express to Carrier's Employees an objection to being transported
on the flight;
9.
Persons who have
misrepresented a condition which becomes evident upon arrival at the
airport, and the condition renders the passenger unacceptable for
carriage;
10.
Infants fourteen
(14) days of age or younger, unless approved for carriage in writing
by an attending physician; or
11.
Persons who are unwilling
or unable to abide with Carrier's non-smoking rules. The fare of any passenger denied transportation
or removed from Carrier‘s aircraft enroute under the provisions of
Article 10 will be refunded in accordance with Article 90 of this
Contract of Carriage. The sole recourse of any passenger refused transportation
or removed enroute will be the recovery of the refund value of the
unused portion of his or her Ticketless Travel Confirmation.
11.
- 14. Not used 15. Ticketless Travel Confirmation - General
A. No person shall be entitled to transportation
except upon presentation of a valid Ticketless Travel Confirmation
or proof of identification acceptable to Carrier that transportation
has been purchased through Carrier‘s electronic ticketing or Ticketless
travel systems. Such electronic ticketing documentation shall entitle
the person to transportation only between the points of origin and
destination.
B.
A Ticketless travel Confirmation is
valid for one (1) year from the date of issue, except as noted below:
1. Ticketless travel Confirmations issued
with fare restrictions, i.e., nonrefundable fares, are valid only
on the flight and date shown on the Ticketless travel Confirmation.
If a Customer purchases transportation with fare restrictions but
chooses not to travel on the flight and date for which the Ticketless
Travel Confirmation is issued, the fare paid may, within one (1) year
from the date of purchase, be applied toward the purchase of another
Ticketless Travel Confirmation; however, the new Confirmation may
be subject to a change fee and be more expensive or subject to different
terms, conditions, or restrictions. No cash refund or credit card
adjustments will be made for Ticketless Travel Confirmations with
fare restrictions.
C.
Ticketless Travel
Confirmations are not transferable unless specified thereon, but Carrier
is not liable to the owner of a Confirmation for honoring or refunding
such Confirmation when presented by another person. 16.
- 19. Not used
A. A reservation on a given flight is valid when
the availability and allocation of space is confirmed by a Reservations
Sales Agent of Carrier or upon issuance of a Ticketless travel confirmation
number, and the passenger‘s name is entered into Carrier‘s reservations
system.
B. Airport Check-in
time limits: Carrier may cancel the reservation of any passenger who
fails to present themselves for check-in at the airport ticket counter
at least 25 minutes for flights with Domestic
connections and at least 30 minutes
for flights with International connections.
C. Carrier will refuse
to carry any person when such refusal is necessary to comply with
an applicable governmental regulation.
D. When a roundtrip
reservation has been made and the passenger fails to claim his or
her reservation for the first portion of the trip, Carrier will not
routinely or automatically cancel the return or continuing portions
of the passenger‘s reservation. However, Carrier reserves the right
to do so for reservations having specific flight requirements or if
necessary for purposes of reservation inventory management. Carrier
does not prohibit or penalize what is commonly known as "back-to-back"
or "hidden-city" ticketing.
22.
- 24. Not used Carrier does not assume responsibility
for the ground transportation of any passenger or his or her baggage
between any airport used by Carrier and any other location. Ground
transportation is at the passenger‘s expense. 26.
- 29. Not used 30. Application of Fares. General
A.
Transportation is subject to the fares
and charges in effect on the date on which such Ticketless Travel
Confirmation was issued. If a Ticketless Travel Confirmation has been
issued before an increase in the fare becomes effective, it shall
be honored for transportation between the points. Fares are published
in Carrier‘s reservations system and may be obtained from a US Helicopter
Reservations Sales Agent by telephone; on Carrier‘s Internet site
at www.flyush.com;
or through an authorized travel agent. Some travel agencies, however,
may impose an additional charge for this service.
B.
All published fares
and charges are stated in
C.
No stopovers are
permitted on published fares, except upon combination of local fares.
31.
- 34. Not used
A.
Infants Fourteen (14) Days of Age or
Younger - Carrier will not provide transportation services to any
infant fourteen (14) days of age or younger.
B.
Children Over Fourteen
(14) Days and Under Two (2) Years of Age - One child over fourteen
(14) days and under two (2) years of age, not occupying a seat, will
be carried without charge when accompanied by a fare-paying adult.
Carrier cannot guarantee that an unoccupied seat will be available
for any child traveling without charge and without a confirmed reservation.
Safety seats for children without a confirmed reservation may have
to be transported as checked baggage if unoccupied seats are not available.
C.
Unaccompanied Minor Children
1. Carrier will not
accept unaccompanied minors (Children must
have reached their 15th birthday to travel without being
accompanied by an adult).
36. Not used 37.
- 41. Not used
Special promotional fares may be available
via the Internet on Carrier‘s web site (Internet address: http://www.flyush.com.
Seat availability, fares, and fare restrictions are published in the
web site presentation.
43. Not
used 44.
Not used 45. Acceptance of Baggage - General
A. Inspection - All
baggage tendered to Carrier for transportation is subject to inspection
by Carrier.
B. Acceptance - Carrier
will accept as baggage such personal property as is necessary or appropriate
for the wear, use, comfort, or convenience of the passenger, as the
personal property of the fare-paying passenger and not intended for
sale to other persons, subject to the following conditions:
1. Carrier will refuse
to accept baggage for transportation on any flight other than the
flight on which the passenger is transported;
2. Carrier will refuse
to accept any baggage for transportation if it or its contents cannot
withstand ordinary handling, or if its weight, size, or character
renders it unsuitable for transportation on the particular aircraft
on which it is to be carried, unless the passenger releases Carrier
from liability;
3. Each piece of baggage
tendered to Carrier for carriage must have affixed thereto a current
identification tag or label with the passenger‘s name, address, and
telephone number (if available);
4. Carrier assumes liability
for baggage that only conforms to US Helicopter baggage specifications.
5. Carrier will refuse
to accept baggage that, because of its nature, contents, or characteristics
(such as sharp objects, paint, corrosives, or other prohibited hazardous
materials), might cause injury to passengers or Carrier's Employees,
damage to aircraft or other equipment, or damage to other baggage;
and
6.
Carrier will not
accept baggage that cannot safely be carried in the baggage compartment
of the aircraft.
46. Baggage Carry-On Baggage Passengers are
allowed one (1) carry-on item onboard the helicopter. The classification of carry-on item is exclusive of the following
personal items, which may be carried on the passenger during the flight
within reason: A handbag (Pocketbook or Purse) Briefcase (small) Laptop computer An Umbrella A Camera Carry-on type
baggage that cannot fit in the cabin of the helicopter will be taken
as checked baggage on US Helicopter‘s flight and tagged with a special
high visibility tag. The specially
tagged carry-on type bag will be handed back to the passenger upon
arrival at the destination. If the passenger‘s destination is one of the heliports,
then the specially tagged carry-on type bag will be brought to the
baggage claim area for passenger retrieval. Checked Baggage Helicopters
have limited storage capacity in the baggage compartment. The baggage
compartment is separate and not accessible from the passenger cabin. Baggage Allowance:
Each passenger is allowed the following baggage: One Standard/Average size checked bag One carry-on
bag/item such as a laptop or regular sized briefcase Weight and Size Allowance: Maximum weight
limitation of 50 lbs total per passenger. Maximum size and volume
limitations of 62in. The size
limitation of your luggage is calculated by adding the total outside
dimensions of each bag, that is, length + width + height.
Excess Baggage: If a passenger wishes to carry more than the baggage allowance, US
Helicopter has the right to refuse the excess baggage due to the size/volume
limitations of the aircraft baggage compartment. Please make other travel arrangements for any
excess baggage.
An overweight bag - not to exceed sixty (60) pounds MAY
be accepted subject to space
availability at a charge of $80.00 Oversize Baggage: US Helicopter
has the right to refuse baggage that falls into the oversize classification
due to the size/volume limitations of the aircraft baggage compartment. Please make other travel arrangements for oversize
baggage.
Golf clubs are considered oversize baggage and are
thus restricted as noted above, however if you wish to travel with
your golf clubs, a second seat must be purchased to assure space availability. This policy can be applied to other excess/oversize
baggage within reason.
Carrier will
not transport live animals in the passenger cabin or as checked baggage.
A. Carrier permits dogs only as service animals used by an individual
with a disability
to accompany such individual in the passenger cabin at no charge.
B. Carrier will accept
as evidence that an animal is a service animal the presentation of
identification cards, tags, or other written documentation; the presence
of harnesses or markings on harnesses; or the credible verbal assurances
of the individual with a disability using the animal.
C. Carrier will permit
a service animal to accompany a qualified individual with a disability
at either a bulkhead seat or a seat other than a bulkhead seat, as
the individual prefers, unless the animal obstructs an aisle or other
area that must remain unobstructed in order to facilitate an emergency
evacuation. Service animals may not occupy a seat.
D. Service animals in
training will not be accepted by Carrier for transport.
49.
- 54. Not used
A. Carrier will accept
baggage for checking from a fare-paying passenger when tendered to
Carrier no earlier than two (2) hours
in advance of flight departure time at Carrier‘s airport ticket counter,
or at an earlier time on the day of commencement of travel as may
be authorized by Carrier‘s Employees at the departure airport. Carrier
will not check baggage tendered:
1.
to an intermediate
stop
2.
for a flight to be
operated on a later date.
56.
- 59. Not used Upon presentation by a
fare-paying passenger of a valid Ticketless Travel Confirmation, Carrier
will allow the following baggage to be transported without charge:
A.
Carrier will allow
one (1) piece of carry-on baggage. B. Checked Baggage – one (1) piece of baggage, each piece
of which having outside measurements (i.e. the sum of the greatest
outside length plus the greatest outside width plus the greatest outside
height) not exceeding sixty-two (62)
inches, not weighing more than fifty (50) pounds per piece, and provided
such baggage is checked for carriage in the hold of the aircraft.
C. Firearms - Carrier will not accept
assembled firearms and ammunition for transportation. 61.
- 64. Not used 65. Not Used 66.
- 74. Not used 75. Baggage - Limitation of Liability
A. The liability, if
any, of Carrier for loss of, damage to, or delay in the delivery of
checked or unchecked baggage and/or its contents, with the exception
of wheelchairs, mobility aids, and assistive devices used by an individual
with a disability is limited to the proven amount of damage or loss,
but in no event shall be greater than Two Thousand Eight Hundred Dollars
($2,800.00) Domestic or International per fare-paying passenger. Carrier
will compensate the passenger for reasonable, documented damages incurred
as a result of the loss of, damage to, or delayed delivery of such
baggage up to the limit of liability or declared valuation, whichever
is higher, provided the passenger has exercised reasonable effort
to minimize the amount of damage. Actual value for reimbursement of
lost or damaged property shall be determined by the documented original
purchase price less depreciation for prior usage.
B. Carrier will be liable
for such personal property only for the period in which it is in the
custody of Carrier. While every reasonable effort will be made to
return items inadvertently left behind by passengers onboard an aircraft,
Carrier assumes no liability or responsibility for property carried
onboard an aircraft by a passenger.
C. Carrier assumes no
responsibility and will not be liable for money, jewelry, cameras,
video and electronic equipment (including computers), silverware,
natural fur products, precious gems and metals, medication, negotiable papers, securities, business documents, samples,
items intended for sale, paintings and other works of art, antiques,
collectors items, photographs, artifacts,
antiques, heirlooms, manuscripts, furs, keys, spirits, irreplaceable books or publications, and similar valuables
contained in checked or unchecked baggage.
76.Fragile and Perishable Items as Baggage Carrier may, but is not
obligated to, conditionally accept previously damaged, improperly
packed, fragile, or perishable items for carriage as checked baggage
subject to the passenger‘s assumption of risk for damage to or destruction
of such items. 77.
- 79. Not used
A. No claim for personal
injury or death of a passenger will be entertained by Carrier unless
written notice of such claim is presented to Carrier within twenty-one
(21) days after the occurrence of the event giving rise to the claim.
B. In the case of loss
of, damage to, or delay in delivery of baggage, no claim will be entertained
by Carrier unless preliminary written notice of such claim
is presented to Carrier within four (4) hours after arrival of the
flight on which the loss, damage, or delay is alleged to have occurred.
The preliminary notice may thereafter be amended in writing; however,
such amended claim must be presented to Carrier no later than twenty-one
(21) days after the occurrence of the event giving rise to the claim.
C.
Failure to provide
notice within the foregoing time limits will not bar a claim if the
claimant establishes to the satisfaction of Carrier that he or she
was unable, through no fault or omission of the claimant, to provide
notice within the specified time limits.
D. No legal action on
any claim described above may be maintained against Carrier unless
commenced within one (1) year of Carrier‘s written denial of a claim,
in whole or in part.
Smoking aboard Carrier's aircraft is
prohibited by federal law.
82.
- 84. Not used 85. Failure to Operate as Scheduled
A.
Cancelled Flights
or Late or Irregular Operations - In the event Carrier cancels or
fails to operate any flight according to Carrier's published schedule,
or changes the schedule of any flight, Carrier will, at the request
of a passenger confirmed on such flight:
1.
transport the passenger
on another of the Carrier's flights on which space is available at
no additional charge; or
2.
refund the unused
portion of the passenger‘s fare in accordance with Article 90 below.
B. Except to the extent provided in Article
85.A. above, Carrier shall not be liable for any failure or delay
in operating any flight due to causes beyond Carrier‘s control, including
but not limited to, acts of God, governmental actions, fire, weather,
mechanical difficulties, Air Traffic Control, strikes or labor disputes,
or inability to obtain fuel for the flight in question. Carrier shall
use its best efforts to notify all affected passengers promptly of
planned schedule changes and service withdrawals.
C.
Carrier will attempt to transport passengers
and their baggage promptly and as scheduled. Flight schedules, however,
are subject to change without notice, and the times shown in or on
Carrier‘s published schedules and advertising are not guaranteed.
At times, without prior notice to passengers, Carrier may need to
substitute other aircraft or airlines and may change, add, or omit
intermediate or connecting stops. Carrier cannot guarantee that passengers
will make connections to other flights of its own or those of other
airlines. In the event of flight schedule changes, Carrier will attempt
to so notify affected passengers as soon as possible at the airport
or enroute.
86.
- 87. Not used 88. Telephone Bookings -
89. Change Fees - Ticket is non refundable but can be applied toward future travel with a $50.00 change fee. 90. Cancellations
and Refunds- The
following fees will apply for cancellations:
Cancellations within 24 hours of travel date – no refund Ticket expires after 90 days from the 1st date of travel 91.
- 104. Not used 105. Denied Boarding Compensation Carrier does not intentionally overbook
flights.
A. The following definitions,
as prescribed in 14 C.F.R. § 250.1, pertain solely to the denied boarding
compensation provisions of this Article:
Airport means the airport at which
the direct or connecting flight, on which the passenger holds confirmed
reserved space, is planned to arrive or some other airport serving
the same metropolitan area, provided that the transportation to the
other airport is accepted (i.e., used) by the passenger. Alternate transportation means transportation
provided to passengers at no extra cost. Confirmed reserved space means space
on a specific date and on a specific flight of Carrier which has been
requested by a passenger and which Carrier or its authorized agent
has verified, by appropriate notation on the ticket or Ticketless
Travel Confirmation, or in any other manner provided by this Contract
of Carriage, as being reserved for the accommodation of the passenger.
B. Request for Volunteers
- In the event of an unintentional oversold flight, Carrier shall
request volunteers for denied boarding. A volunteer is a person who
responds to Carrier's request for volunteers and who willingly accepts
Carrier's offer of compensation, in any amount, in exchange for relinquishing
his or her confirmed reserved space.
106. - 115. Not used 116. Ticketless Travel Acceptability Carrier
will accept only its own electronic Ticketless Travel Confirmation,
and then only if all transportation written thereon uses the services
of Carrier. 117.
- 123. Not used Carrier
does not accept checks as payment for reservations. 125. Compliance with Law and Governmental Regulations All transportation is sold
and all carriage is performed subject to compliance with all applicable
laws and governmental regulations, including those of the U.S. Department
of Transportation and the Federal Aviation Administration, many of
which are not specified herein but are nonetheless binding on Carrier
and all passengers. 126.
Not used Carrier reserves the right, to the
extent not prohibited by federal law, to change, delete, or add to
any of the terms of this Contract of Carriage without prior notice.
All changes must be in writing and approved by a corporate officer
of Carrier.
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