Conditions Générales de Vente de transport BlaBlaBus

I. General Terms and Conditions

Introduction

COMUTO PRO , a French simplified joint stock company [société par actions simplifiée] with a single shareholder and share capital of €50,000.00, registered in the Paris Trade and Companies Register under number 842 132 557, whose registered office is located at 84 avenue de la République, 75011 Paris (France), has as its main activity the provision of regular road transport services for passengers by coach. The business is operated under the trademark (“BlaBlaBus” hereinafter referred to as “BlaBlaBus”).

The service is operated, in accordance with the license for the international carriage of passengers by road for hire or reward by coach and bus No. 2018/11/0002102 issued by the Prefect of the Ile-de-France region and the operating licenses issued by the competent authorities.

COMUTO PRO offers national and international transport services and issues coach tickets.

COMUTO PRO also offers, in its name and on its behalf, services (the “Ancillary Services”) including:

A choice of specific seats;
Vouchers;
Promotional codes.

1. Definitions of the terms

“Agent”: has the definition referred to in Article 4.2.

“Ancillary Services”: refers to the service(s) additional and accessory to the Services.

“BlaBlaBus”: refers to the company identified in the Introduction.

“Contract”: has the definition referred to in Article 4.1.

“Customer Account”: refers to a digital space reserved for the Passenger or possibly an Agent accessible on certain Websites and Mobile Applications by means of a logon and a code in which information specific to the Passenger (Personal Information, bookings, bank cards, Vouchers, etc.) is stored in order, in particular, to pre-complete the Passenger’s information when placing subsequent Orders.

“General Terms and Conditions of Sale” (“GT&C of Sale”): refers to these General Terms and Conditions and the Special Terms and Conditions as detailed in this document.

“Journey”: refers to the particular itinerary chosen by the Passenger or possibly an Agent and which includes, in whole or in part, one or more Lines. “Line”: refers to a bus route predefined by BlaBlaBus in its entirety, i.e. from the first station of origin to the terminus.

“Mobile Application”: refers to the application software developed by BlaBlaBus, where available, providing, on a mobile electronic device, the same Services and Ancillary Services as those normally offered on a computer via the Website.

“Order”: has the definition referred to in Article 5.1., including orders placed by the Passenger or possibly an Agent through the Website, the Mobile Application or via a Partner Website.

“Partner” refers to a coach passenger transport company with which BlaBlaBus has concluded a partnership agreement.

“Partner Website”: refers to any third-party website that redirects to the Website for booking Tickets.

“Party(ies)”: refers to BlaBlaBus and/or the Passenger.

“Passenger”: refers to the natural person identified on the Ticket.

“Personal Information”: has the definition referred to in Article 5.6.

“Person with a Disability or Reduced Mobility”: refers to any person whose mobility is reduced when using the means of transport provided by BlaBlaBus, due to any physical (sensory or motor, permanent or temporary), mental or intellectual disability, or any other cause of disability, or due to age, and whose situation requires appropriate attention and adaptation to their particular needs, of the services provided to all Passengers.

“Points of Sale”: refers to the physical counters and terminals listed on the Website and at which the Tickets are offered for sale.

“Promotional Code”: has the definition referred to in Article 5.12.

“Services”: refers to the main transport service(s) provided by BlaBlaBus under the Contract.

“Special Terms and Conditions”: refers to the special marketing and transport conditions that are applicable.

“Ticket”: has the definition referred to in Article 7.1.

“Travel File”: refers to a file containing all the characteristics of a Journey or several Journeys, associated with a reference number which is communicated to the Passenger by an e-mail confirmation or in paper form on the various Websites.

“Voucher”: has the definition referred to in Article 5.11.

“Website”: refers to the Internet site accessible at the addresses mentioned in the Special Terms and Conditions.

2. Purpose

2.1 This document sets forth the General Terms and Conditions of Sale of the Services and the Ancillary Services.

2.2 The GT&C of Sale are intended to govern, without limitation, all Ancillary Services and Services listed on the Website and offered for sale by BlaBlaBus via the Website, the Mobile Application, at the Point of Sale or via redirection provided by a Partner Website, except for transport services provided by a Partner.

2.3 The GT&C of Sale define the contractual relationship between BlaBlaBus and the Passenger, notwithstanding any additional special conditions stipulated between the Parties and referred to on the Ticket.

3. Acceptance of the General Terms and Conditions of Sale

3.1 During the process of placing any Order, the Passenger’s attention, or possibly that of an Agent, is drawn to the fact that the confirmation of the Order is strictly subject to the prior acceptance, without restrictions or reservations, of all the GT&C of Sale by the following means:

an online process acceptation concerning Orders on the Website or the Mobile Application with an acceptation of the relevant GT&Cs at the time of payment of the Ticket;
verbal information provided by the receptionist referring to the General Terms and Conditions of Sale as described on the Website, for orders of Tickets placed at the Point of Sale.

3.2 In the event of a Passenger making any reservations, of any nature or scope whatsoever regarding the GT&C of Sale, the Passenger, or possibly an Agent, is invited to waive the right to continue the Order or purchase process at the Point of Sale. Failing this, the Passenger, or possibly an Agent is irrevocably deemed to accept the GT&C of Sale merely by virtue of the continuation of the Order or purchase process at the Point of Sale to its completion.

3.3 The GT&C of Sale are available on the Website and the Mobile Application at the time of placing the Order or making the purchase at the Point of Sale.

3.4 Subsequent to the placement of the Order or the purchase at a Point of Sale, and prior to performance of the Service and Ancillary Services ordered , the Conditions of Sale applicable to the Order or the purchase are sent on a durable medium (PDF format) to the e-mail address communicated by the Passenger, or possibly the Agent, during the process of placing the Order or purchase regardless of the purchase method used (Internet, Point of Sale), or sent, in the absence of an e-mail address, by any other means specified by the Passenger or any Agent.

3.5 As the GT&C of Sale may be subject to change, the applicable conditions are those in force at the date of placing the Order or making the purchase at the Point of Sale.

4. Stipulation of the transport Contract

4.1 The contract concluded between BlaBlaBus and the Passenger is a contract of carriage within the meaning of Article 3(c) of Regulation (EU) No 181/2011 of the European Parliament and of the Council, which consists of all the provisions of these GT&C of Sale plus the other documents referred to in Article 24.1 (hereinafter referred to as the “Contract” ).

4.2 In the event that a third party places the Order for the Passenger, said third party declares he/she is acting in the name and on behalf of the Passenger, the beneficiary of the Services (and possibly of the Ancillary Services) ordered by the said third party, who acknowledges that he/she is acting as an agent within the meaning of applicable law (hereinafter referred to as the “Agent”).

4.3 The Contract is definitively concluded as from confirmation the Order after full payment of the price for the Services and Ancillary Services by the Passenger or possibly an Agent.

4.4 The Contract is translated in different languages available on the Website for information purposes.

5. Methods for placing Orders

5.1 The order is the transaction by which the Passenger, or possibly an Agent, books Services or Ancillary Services with BlaBlaBus, whatever the means used (with the sole exception of the purchase of Tickets directly made at a Point of Sale), and which entails the obligation for the Passenger or possibly an Agent to pay the price relating to the relevant Services or Ancillary Services (the “Order”).

Route search and selection

5.2 BlaBlaBus provides Passengers with a search engine accessible on the Website and the Mobile Application based on different search criteria (origin, destination, dates, number of passengers, etc.). Some additional features are provided on the search engine when the Passenger or possibly an Agent connects to his/her Customer Account. BlaBlaBus invites the Passenger, or possibly an Agent, whatever booking method is used, to consult and use the search engine conscientiously in order to determine the offer best suited to the Passenger’s needs. The Passenger, or possibly an Agent making a booking at the Point of Sale may also ask the operator or the receptionist to carry out the route search.

5.3 The Passenger acknowledges and accepts that the selection of the Services and Ancillary Services adapted to his/her needs is made under his/her entire and sole responsibility or possibly that of an Agent.

5.4 The Passenger, or possibly an Agent, is informed that if a round-trip Ticket is ordered, both Journeys must be made by the same Passenger. Otherwise, two one-way Tickets must be ordered.

5.5 For certain Lines, BlaBlaBus offers the Passenger, or possibly an Agent, the possibility of selecting a particular seat from a panel of seats specifically designated in each coach against payment of an additional price, indicated in the Special Terms and Conditions and subject to completing the Order on the Website, the Mobile Application or via redirection provided by a Partner Website. This Ancillary Service is provided by BlaBlaBus subject to the absence, on the day of boarding, of the need to place a Person with a Disability or Reduced Mobility or a pregnant woman in the seat selected by the Passenger or possibly an Agent. In the latter case, the Passenger will be reimbursed by BlaBlaBus for the additional fare paid in this respect within thirty (30) days following the day of boarding.

Provision of Personal Information

5.6 Any Order or purchase at the Point of Sale requires BlaBlaBus to collect information on the Passenger, which may be classified as personal information as well as data relating to a payment card (the “Personal Information”). The Personal Information is automatically pre-completed when the Passenger or possibly an Agent connects to his/her Customer Account if one has been created. The Passenger, or possibly an Agent, declares that the Passenger has read the entire BlaBlaBus Privacy Policy and consents to this data collection under the conditions and for the purposes set out in the said Privacy Policy.

5.7 When placing an Order, or purchasing a Ticket at the Point of Sale, the Passenger warrants the veracity and accuracy of the Personal Information provided by him/her or his/her Agent, if any. In this respect, the Passenger is requested to ensure that the Personal Information stored in his/her Customer Account is up-to-date. This guarantee does not apply if the inaccuracy of the Personal Information is the direct result of fraud not due to the fault or negligence of the Passenger or possibly an Agent or if BlaBlaBus fails to collect, store and protect the Personal Information. 5.8 Personal Information and details of the Order or purchase at the Point of Sale are included in the Travel File.

Payment

5.9 Payment for any Order made through the Website, the Mobile Application or Partner Websites is made by one of the means authorized in Article 5.10, possibly by Voucher. The payment for any Order made at the Point of Sale can be made by credit card, or cash and possibly by Voucher. The Passenger or his/her Agent if any has the option of saving data relating to one or more credit cards in his/her Customer Account so that he or she does not have to systematically enter this information when making subsequent payments.

5.10 The authorized means of payment are as follows:

payment cards issued in France by the Carte Bleue, MASTERCARD, VISA and MAESTRO networks;
payment cards issued in the European Union and in the following countries: Algeria, Andorra, Argentina, Australia, Brazil, Canada, Chile, China, Colombia, Cyprus, Curaçao, Finland, Hong Kong, Liechtenstein, India, Indonesia, Ireland, Israel, Japan, Kosovo, Morocco, Malaysia, Mexico, Monaco, New Zealand, Norway, Peru, Republic of Korea, Russia, Serbia, Singapore, Switzerland, Tunisia, Turkey, United Kingdom, United States, Uruguay;
by the EUROCARD, MasterCard and Visa, iDEAL and Bancontact, PayPal Sofort, and Dotpay networks. These payments are made through a secure 3D Secure system.

5.11 In the event of cancellation of an Order, the Passenger shall be refunded by means of a voucher (the ” Voucher”) in accordance with Article 10. The Voucher is sent to the e-mail address provided by the Passenger or possibly an Agent and, in the absence of an e-mail address, by any other means specified by the Passenger or possibly an Agent. The Voucher can be used to purchase any Services or Ancillary Services on BlaBlaBus sales channels. The Voucher has a validity period which may not exceed a period defined in the Special Terms & Conditions, calculated from the date of issue and may be used several times during this period up to the total amount of the credit allocated in the Voucher. The Voucher cannot be used to purchase Tickets at the promotional rate. If the value of the Voucher used is higher than the price to be paid when the Order is placed, the Passenger may reuse the code of the initial Voucher up to the amount of the residual value.

5.12 As part of signing up new customers or commercial operations, competitions or other promotional operations, the Passenger may receive promotional codes (the “Promotional Code”).

5.13 Apart from signing up new customers operations, the Promotional Codes are subject to the specific rules laid down by BlaBlaBus in the context of the operation in question.

5.14 With regard to signing up new customers, the following rules apply to the Promotional Code:

The newly signed-up person receives a Promotional Code of a value defined in the Special Terms & Conditions. Such Promotional Code: (i) cannot be combined with other Promotional Codes, or Tickets at promotional rates associated with the newly signed-up person’s e-mail address; (ii) is valid for a single Travel file for a limited period of time as defined in the Special Terms & Conditions, as from the date of its issue; (iii) can be used only on the Website and the Mobile Application.
The customer signing up a new customer receives a Promotional Code which value is defined in the Special Terms and Conditions. The Promotional Code: (i) can be combined with other Promotional Codes; (ii) cannot be used to purchase Tickets at promotional rates; (iii) is associated with the email address of the customer signing up a new customer; (iv) is valid for a single Travel File and for a period of time equal to four (4) months from the date of issue; (v) may be used only on the Website and the Mobile Application.
The rules of attribution are as follows: the newly signed-up person must register on the Website using the code provided by the customer signing up the new customer. The newly signed-up person must place a first Order on the Website. He/she must never have been a previous BlaBlaBus customer. The Promotional Code of the customer signing up the new customer is credited to the Member Account of the customer signing up the new customer, one day after the trip made by the newly-signed up customer. Order confirmation

5.15 No Order confirmation shall be issued before the full and effective payment of the price of the Services and Ancillary Services selected by the Passenger or his/her Agent, if any. If the payment is irregular, incomplete or not made for any reason attributable to the Passenger or the Agent, the Order shall be cancelled immediately under the conditions of Article 11.

5.16 The Order is confirmed by sending an e-mail to the Passenger containing the details of the Order and also indicating the references for the Travel File, if applicable.

5.17 The Passenger is invited to check the settings for the inbox of his/her e-mail address and in particular to ensure that the confirmation e-mail is not sent directly to Spam.

5.18 Confirmation of the Order is final. Consequently, any changes will result in either an exchange or cancellation under the conditions of Article 10 – Exchange, Cancellation and Reimbursement Conditions. It is the responsibility of the Passenger or possibly an Agent to ensure that the Services and Ancillary Services are chosen in accordance with the Passenger’s needs and expectations. The accuracy of the Personal Information entered by the Passenger or possibly an Agent is the responsibility of the latter except in the event of BlaBlaBus proven failure to collect, store or protect such Personal Information.

6. Direct on-board purchases

6.1 BlaBlaBus does not allow the direct purchase of Tickets on board the coach.

7. Travel document and other documents

7.1 Following the Order confirmation at a Point of Sale, online or via a Partner, BlaBlaBus issues a valid registered ticket to the Passenger constituting proof of the existence of the Contract of carriage between BlaBlaBus and the said Passenger (the “Ticket”).

7.2 Two types of Tickets can be issued by BlaBlaBus: the e-Ticket and the Paper Ticket.

7.3 The e-Ticket is delivered by e-mail to the Passenger as part of the process for Orders made by the Website, the Mobile Application, via the redirection provided by a Partner Website. In the event that the Passenger does not have an e-mail address or refuses to provide it, he/she will be given a Travel File number which can be used to download the e-Ticket from the Website or the Mobile Application. The e-Ticket is also stored in the Passenger’s Customer Account, if any, from which the Passenger can also download the e-Ticket. The e-Ticket is presented to the coach driver either in electronic or paper form after printing.

7.4 The Paper Ticket is delivered at the Point of Sale.

7.5 Services and Ancillary Services are only provided to the Passenger named on the Ticket. Consequently, BlaBlaBus reserves the right to check the identity of the Passenger presenting the Ticket.

7.6 For international Journeys, Passengers must carry the necessary documents to be admitted across the border(s) concerned. Passengers are invited to consult the section dedicated to identity documents on the Website before departure.

7.7 In the event of loss of the Ticket or in the event that the Passenger is unable to present it to the driver, the Passenger will simply be required to provide proof of identity.

8. Health and administrative formalities

8.1 The health and administrative formalities normally required for completion of the Journey are indicated on the BlaBlaBus Website, the Mobile Application and the confirmation email. It is the responsibility of the Passenger and any Agent to read these. The information contained on the Website concerns nationals of the European Economic Area (EEA).

8.2 The Passenger is responsible for the completion of and costs resulting from any police, customs and health formalities required for the Journey, such as holding a passport, national identity card, residence permit, visa, medical certificate, etc.

8.3 Nationals of countries outside the EEA are strongly recommended to check with the competent authorities of their country of origin and the country(ies) of destination or transit before purchasing the Ticket.

8.4 BlaBlaBus declines all liability for the Passenger’s inability to depart on the date indicated or to cross a border during the Journey if these events result from the Passenger’s failure to comply with the required formalities.

9. Prices

9.1 The prices of the Services and of the Ancillary Services are displayed inclusive of all taxes, fees and related service costs. The prices of the Services include a number of hand and checked baggage items determined in accordance with the conditions of Article 14.

9.2 Specific prices are set out in the Special Terms and Conditions for certain categories of passengers, and such specific prices represent a percentage discount of the standard prices applicable to Tickets.

9.3 Prices are displayed on the Website and Mobile Application and Partner Websites. This information is communicated to the Passenger by the receptionist in the case of a Point of Sale Order.

9.4 Prices are modified in real time by BlaBlaBus. The price used for the Order or purchase at a Point of Sale shall be the price applicable at the time of confirmation of the Order or payment for the purchase at a Point of Sale; said price shall be accepted by the Passenger or any Agent by the latter’s confirmation.

10. Exchange, Cancellation and Reimbursement Conditions

A. By the Passenger

General information

10.1 Pursuant to applicable law, contracts relating to passenger transport services are excluded from the scope of law applicable to distance contracts or contracts negotiated away from business premises, establishing a right of withdrawal for the benefit of the consumer.

10.2 Consequently, the Services and Ancillary Services provided by BlaBlaBus to the Passenger in the context of the performance of the Contract of carriage may only be exchanged or cancelled under the contractual conditions provided for below. Any other service provided by BlaBlaBus, which does not fall within the scope of the passenger transport Services or the Ancillary Services, shall be subject to the right of withdrawal set forth in the applicable law governing the distance contracts or contracts negotiated away from business under the conditions described in Annex I of these GT&C of Sale.

10.3 The exchange, cancellation and reimbursement conditions in Article 10 shall only apply to Tickets at the standard price. Tickets at a promotional price are neither exchangeable nor can they be cancelled.

Any cancellation of a return Ticket shall concern both the outward and return Journey. Partial cancellation of the outward or return Journey is not possible. Any partially used transport Ticket is not refundable. For a round-trip Ticket, the return Journey is no longer refundable from the date of the outward Journey. Booking fees, boarding taxes and insurance fees are not refundable.

10.4 The exchange or cancellation must be requested by the Passenger at the latest thirty (30) minutes before the departure on the Journey. When the exchange is requested by phone, the end of this period is within the opening hours of the call centre indicated in the “Help” section on the Website (failing this, the end of the exchange period will be the time when the last closure of the call centre occurred). Exceptionally, bookings for more than ten (10) people not included in a group offer may be exchanged or cancelled at the latest four (4) days before the departure on the Journey.

Special conditions for exchanges

10.5 All requests for exchange of a Ticket must be submitted personally either (i) in the booking section of the Customer Account available on the Website, or (ii) through the contact form available in the “Help” then “Contact” section of the Website, or (iii) by registered letter with acknowledgment of receipt to the attention of Comuto Pro, Community Relations Team, 84 avenue de la République, 75011 Paris, France or (iv) calling the call centre during the opening hours indicated in the “Help” section on the Website. The exchange may only have as its subject, one or more of the following characteristics of the Service:

the day and/or time of departure; and
the Ancillary Services.

10.6 In the event of a change in the day and/or time of departure, the exchange is accepted subject to availability of places on the new chosen Journey.

10.7 The exchange of Ancillary Services is only possible under the following two cumulative conditions:

the replacement service is linked to a Ticket already ordered, valid for a coach whose seats are already open for booking;
the Ancillary Service is not described as non-exchangeable on the Website or on the Mobile Application.

10.8 If the price of the new Ticket is higher than the price of the one exchanged, the difference will be borne by the Passenger.

10.9 If the price of the new Ticket is lower than the price of the one exchanged, the Passenger will receive a Voucher for the amount of the difference.

Special conditions of cancellation

10.10 All requests for cancellation of a Ticket must be submitted personally either (i) in the booking section of the Customer Account available on the Website, or (ii) through the contact form available in the “Help” then “Contact” section of the Website, or (iii) by registered letter with acknowledgment of receipt to the attention of Comuto Pro, Community Relations Team, 84 avenue de la République, 75011 Paris, France, or (iv) calling the call centre during the opening hours indicated in the “Help” section on the Website.

Special conditions for reimbursement

10.11 Cancellation is refunded by issuing a Voucher for the amount of the Ticket.

Any refund request following cancellation of a Ticket must be made personally, either (i) through the contact form available in the “Help” then “Contact” section of the Website, or (ii) by registered letter with acknowledgment of receipt, to the attention of Comuto Pro, Community Relations Team, 84 avenue de la République, 75011 Paris, France.
Refund requests may be accompanied by the helpline of the call centre during the opening hours indicated in “Help” section on the Website. Except for the cancellations submitted in the booking section of the Customer Account available on the Website, all Ticket cancellation and refund requests (including those submitted through the contact form available in the “Help” then “Contact” section of the Website) must be accompanied by (i) the original Ticket and(ii) a letter justifying the request and (iii) a power of attorney (if necessary).

B. By BlaBlaBus

10.12 When BlaBlaBus cancels a Journey, BlaBlaBus will inform the Passenger by e-mail about the options left to him/her. The Passenger can contact BlaBlaBus (i) by phone to the telephone number shown on the Ticket, and (ii) through the contact form available in the “Help” then “Contact” section of the Website. In any event, BlaBlaBus may propose to the Passenger either (i) the reimbursement of the price of the Ticket, or (ii) the exchange of the Ticket, or (iii) a Voucher. Any cancellation of a Journey by BlaBlaBus shall be governed by the legislation in force and in particular Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004.

11. Minors

11.1 To travel on our coaches, minors under 16 years of age must be accompanied by an adult (at least 18 years of age).

11.2 Nevertheless, for national Journeys, minors aged 12 to 16 may travel alone if they are in possession of a travel authorization duly completed and signed by their legal representative or guardian and an identity document (national identity card, passport or any document issued by a public administration containing a similar identity photograph). From the age of 16, minors may travel alone.

11.3 For international journeys, minors over 16 years of age, unaccompanied by their parents, must comply with the applicable formalities in order to travel to a different country of which they are not nationals. A French or foreign minor residing in France must be in possession of an authorization to leave the country signed by one of his/her parents who has parental authority, accompanied by a legible photocopy of an official document proving the identity of the signatory. By way of exception, an emancipated minor, having presented a document certifying his/her emancipation, is admitted to boarding and does not need to present such an authorization to leave the national territory.

12. People with Disabilities or Reduced Mobility

Right to transport

12.1 In accordance with the legislation in force and in particular Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004, Persons with a Disability or Reduced Mobility shall be informed of their right to transport subject to the following conditions.

12.2 Persons with a Disability or Reduced Mobility may not be refused a booking, the issue or provision of a Ticket or boarding on the grounds of their disability or reduced mobility.

12.3 No extra charge may be made for his/her booking or Ticket.

12.4 Notwithstanding Article 12.2, Persons with a Disability or Reduced Mobility may be refused a booking, the issue or provision of a Ticket or boarding on the grounds of disability or reduced mobility:

in order to comply with applicable safety requirements under international, European Union or national law or to comply with health and safety requirements established by the competent authorities;
when the vehicle design or infrastructure, including bus stops and stations, makes it physically impossible to board, disembark or transport the Person with a Disability or Reduced Mobility under safe and operationally feasible conditions.

12.5 Without prejudice to Article 12.7 below, in the event of a refusal to accept a booking or to issue or provide a Ticket for the reasons set out in Article 12.4, the Person with a Disability or Reduced Mobility concerned shall be informed of any acceptable alternative service operated by BlaBlaBus.

12.6 In the event that the Person with a Disability or Reduced Mobility with a booking or Ticket who has complied with the requirements of Article 12.14 is nevertheless refused permission to board on the grounds of his/her disability or reduced mobility, such person and any person accompanying him/her in accordance with Article 12.7shall be offered the choice between:

the right to reimbursement and, if applicable, a free return transport service as soon as possible to the initial point of departure as set out in the Contract of carriage;
the continuation of the Journey or re-routing by other reasonable transport services to the place of destination, as set out in the Contract of carriage, except in cases where this is not possible. The right to reimbursement of the amount paid for the Ticket is not affected by the absence of notification under Article 12.14.

12.7 In the event that the Person with a Disability or Reduced Mobility is refused a booking, the issue or provision of a Ticket or boarding on the grounds of his/her disability or reduced mobility for the reasons referred to in Article 12.4, such person may request to be accompanied by another person of his/her choice who is able to provide the assistance he or she requires so that the reasons referred to in Article 12.4 are no longer applicable. The accompanying person travels free of charge and, as far as possible, a seat is allocated next to the Disabled Person or Person with Reduced Mobility.

12.8 In the cases referred to in Article 12.4, the Person with a Disability or Reduced Mobility shall immediately be informed of the reasons and may, upon request, be informed in writing within five (5) days of the request.

Conditions of access

12.9 Persons with a Disability or Reduced Mobility may consult the conditions of access applicable on the Website and on the Mobile Application if available in the country concerned. These conditions are communicated in paper form to the Person with a Disability or Reduced Mobility at the latter’s request.

Guide dogs for the blind or assistance dogs

12.10 Access to BlaBlaBus coaches is authorized for: (i) guide dogs for the blind or assistance dogs accompanying Passengers holding a card certifying their invalidity or (ii) the person responsible for their education throughout their training period.

12.11 The presence of the guide dog for the blind or assistance dog alongside the disabled person does not result in additional invoicing.

12.12 Dogs accompanying disabled persons, whatever the type of disability, motor, sensory or mental, and whose owners prove that the animal is fully trained are exempt from the requirement to wear a muzzle in BlaBlaBus coaches.

12.13 In the context of international travel, the transport of guide dogs for the blind or assistance dogs may be subject to compliance with mandatory prior formalities which the Person with a Disability or Reduced Mobility is invited to check and fulfil.

Conditions under which assistance is provided

12.14 The assistance referred to in this Article is provided to the Person with a Disability or Reduced Mobility provided that:

the person’s need for assistance is notified to BlaBlaBus at the latest 36 hours in advance; and
the Person with a Disability or Reduced Mobility and any other persons concerned present themselves at the indicated place: (i) at the time fixed in advance by BlaBlaBus which shall not precede the announced departure time by more than sixty (60) minutes, unless BlaBlaBus and the Person with a Disability or Reduced Mobility have agreed on a shorter period; or (ii) if no time has been set, at least thirty (30) minutes before the announced departure time.

12.15 In addition, the Person with a Disability or Reduced Mobility shall inform BlaBlaBus of his/her particular needs regarding the seating position when booking or purchasing the Ticket in advance, provided that this need is known at that time.

12.16 BlaBlaBus makes every effort to facilitate the receipt of notifications from Persons with a Disability or Reduced Mobility indicating their need for assistance.

12.17 In the absence of the notification referred to in Articles 12.14 and 12.15, BlaBlaBus shall endeavour, as far as possible, to provide Persons with a Disability or Reduced Mobility with the necessary assistance to be able to board, catch connecting services or disembark for the Service for which they have purchased a Ticket.

Compensation for wheelchairs and other mobility equipment

12.18 Without prejudice to the provisions of the Article 14 – Baggage, BlaBlaBus shall be liable when it has caused the loss or damage of wheelchairs, other mobility equipment or assistance devices.

12.19 The compensation referred to in Article 12.18 shall be equivalent to the cost of replacing or repairing lost or damaged equipment or devices.

12.20 If necessary, BlaBlaBus will make every effort to make replacement equipment or devices available quickly on a temporary basis. Wheelchairs, other mobility equipment or assistance devices shall, as far as possible, have similar technical and functional characteristics to those which have been lost or damaged.

13. Boarding and refusal of boarding

13.1 Unless otherwise specified by BlaBlaBus, the Passenger must board the coach at the boarding point indicated on the Ticket.

13.2 In order to ensure safe boarding and compliance with the schedules, Passengers are requested to arrive for boarding no later than fifteen (15) minutes before the departure time indicated on the Ticket. Failing this, BlaBlaBus does not guarantee the transport of Passengers present at boarding less than fifteen (15) minutes before departure in the event that this delay creates or clearly poses a risk in terms of safety or compliance with schedules.

13.3 If the Passenger is traveling abroad or arrives from abroad, he/she must have with him/her:

a valid national identity card or passport if residing in the Schengen area;
a valid passport if he/she does not reside in the Schengen area; Passengers must check with the embassy or consulate concerned concerning any required visas;
an exit permit for minors who are not accompanied by a person having parental authority.

13.4 BlaBlaBus reserves the right to refuse the Passenger boarding or to request the Passenger to disembark during the Journey in the following cases:

if the Passenger is not in possession of a Ticket and a valid identity document;
if the Passenger does not comply with the applicable regulations or obligations arising from these GT&C of Sale, in particular those referred to in the Article 17 – Health and Safety on Board;
if the Passenger does not comply with the baggage restrictions referred to in Article 14; or
if the carriage or continuation of the Passenger’s carriage clearly threatens safety.

13.5 In the cases referred to in Article 13.4, BlaBlaBus is under no circumstances liable for the total or partial refund of the Ticket or any form of compensation.

14. Baggage

14.1 All Passenger baggage, whether hand baggage or baggage checked in the hold, must comply with the Article 17 – Health and Safety on Board. Passengers undertake that their personal belongings placed in the hold shall not exceed the value of one hundred and fifty Euro (€150.00) per item of checked baggage.

14.2 Passengers are informed that baggage is limited to two (2) items of hand baggage that can be placed in the storage spaces located above the seats or under the seat occupied by the Passenger. Passengers have the option of boarding with two (2) items of checked baggage at no extra cost.

14.3 Baggage placed in the hold shall not exceed a maximum weight of twenty-three (23) kilograms and a cumulative size of two hundred (200) centimetres (length + width + depth).

14.4 BlaBlaBus reserves the right to refuse the carriage of baggage that does not comply with the conditions of Articles 14.1, 14.2 and 14.3.

14.5 Baggage must be labelled with the name, telephone number and address of the Passenger concerned. The Passenger may also include his/her e-mail address. The labelling of baggage is the sole responsibility of the Passenger.

14.6 All hold baggage shall be properly packed in suitcases, protective covers, bags or other suitable containers that can withstand normal handling. Fragile objects must be specially packed and marked. The packaging of baggage is the sole responsibility of the Passengers.

14.7 For security and/or safety reasons and/or at the request of the authorities, the Passenger may be requested to allow an examination of his/her baggage. If the Passenger refuses to comply with such a request, BlaBlaBus may refuse to carry the passenger and any of his/her baggage.

14.8 The loss of or damage to baggage caused by an accident deriving from the use of the coach shall give rise to compensation by the carrier for any justified damage for which it is held liable.

14.9 Loss or damage to baggage placed in the hold shall be the subject of:

reservations made by the Passenger with the driver;
a report at a police station (except in the case where theft of the baggage is to be excluded);
confirmation by registered letter with acknowledgment of receipt to the address indicated in Article 20, no later than 15 days after the end of the Journey. If the above-mentioned steps are not taken, no complaint will be accepted by BlaBlaBus. However, the Passenger shall retain the possibility of submitting a complaint to the mediator or via the online dispute resolution platform referred to in Article 21 or of exercising any judicial remedy before the competent courts.

14.10 In the event of a complaint duly made under the conditions of Article 14.9, the Passenger must provide all the necessary supporting documents (invoices for the purchase of goods carried in baggage, photograph of the goods, etc.) to request any compensation, failing which BlaBlaBus will reject the complaint without prejudice to the Passenger’s right to refer the matter to the mediator or the online dispute resolution platform referred to in Article 21 or the competent courts.

15. Animals

15.1 Except for guide or assistance dogs, no animals are allowed on board.

. Delay and cancellation

16.1 BlaBlaBus undertakes to make its best efforts to respect the schedules indicated on the Passenger Ticket.

16.2 In the event that BlaBlaBus reasonably expects the Journey to be cancelled or the departure from a station to be delayed by more than one hundred and twenty (120) minutes or in the event of overbooking, the Passenger will be offered the choice between:

the continuation of the Journey or re-routing to the final destination as established in the Contract, at no additional cost, under comparable conditions and as soon as possible;
the right to reimbursement of the Ticket price and, if applicable, a free return transport service as soon as possible to the initial point of departure as set out in the Contract of carriage.

16.3 In the event that BlaBlaBus is unable to offer the Passenger the choice referred to in Article 16.2, the Passenger shall be entitled to compensation equivalent to fifty (50) percent of the Ticket price, in addition to the refund referred to in Article 16.2. This amount will be paid by BlaBlaBus within one month of the Passenger’s claim being submitted.

16.4 In the event that the coach becomes unusable during the Journey, BlaBlaBus will propose either the continuation of the Services and Ancillary Services, in another vehicle, from the point where the vehicle is immobilized, or transport between the point where the vehicle is immobilized and a suitable waiting point or station, from which the continuation of the Journey becomes possible.

16.5 When the Service is cancelled or if the departure from a bus stop is delayed by more than one hundred and twenty (120) minutes, the Passenger is entitled to the continuation of the Journey or to the re-routing or refund of the Ticket price by BlaBlaBus in accordance with Article 16.2 above.

16.6 The refund of the Ticket provided for in Articles 16.2 and 16.5 shall be made within fourteen (14) days after the offer has been made or the request has been received. The refund covers the entire cost of the Ticket at the fare at which it was purchased, for the part or parts of the Journey not completed and for the part or parts of the Journey already completed if the Ticket is no longer of any interest in relation to the Passenger’s original travel plan. In the case of a travel card or season Ticket, the reimbursement is equivalent to the proportion of the total cost of the card or season Ticket represented by the cost of the Journey. The refund shall be made in cash, unless the Passenger accepts another form of refund.

16.7 In the event of cancellation or delayed departure of a Journey, the Passenger departing from a station shall be informed of the situation by BlaBlaBus, as soon as possible and in any event no later than thirty (30) minutes after the scheduled departure time, as well as the estimated departure time, as soon as this information is available.

16.8 If the Passenger misses a scheduled connection service due to cancellation or delay, BlaBlaBus shall make every reasonable effort to inform the Passenger concerned of other available connections.

16.9 The information required under Articles 16.7 and 16.8 is communicated by BlaBlaBus by e-mail to the address communicated by the Passenger, who expressly agrees to be informed in this way. Failing this, BlaBlaBus will make every effort to inform the Passenger according to the contact details provided by the Passenger.

16.10 In the event of cancellation or departure from a station delayed by more than ninety (90) minutes for a Journey whose scheduled duration exceeds three (3) hours, BlaBlaBus will offer the Passenger free of charge:

snacks, meals, or refreshments in reasonable quantities taking into account the waiting period or delay, provided that they are available on board the bus or in the station or can reasonably be delivered; and
except in the event of cancellation or delay due to severe weather conditions or major natural disasters jeopardizing the operation of the Service, a hotel room or other form of accommodation as well as assistance to ensure transportation between the station and the place of accommodation if a stay of one night or more is necessary. The total cost of accommodation will be limited to eighty Euro (€80.00) per night and for a maximum of two nights, excluding transportation in both directions between the station and the accommodation.

16.11 The provisions of this Article 16 do not limit the possibility for the Passenger to bring an action before the competent courts to claim damages for any loss resulting from the cancellation or delay.

17. Health and Safety on Board

17.1 BlaBlaBus implements the appropriate means to ensure the safety of Passengers.

17.2 In this context, the coach driver shall take the necessary measures to ensure the safety of Passengers and shall, if necessary, give instructions to Passengers, who shall comply with them.

17.3 Stops are left at the initiative of the carrier or the driver to meet safety obligations and compliance with employment regulations relating to driving and breaks for drivers.

17.4 The carriage of dangerous or illegal goods is prohibited in BlaBlaBus coaches on board or in the hold, such as in particular:

narcotics;
weapons;
combustible materials;
batteries with electrolyte;
fireworks, firecrackers, sparklers, flares, dummy pistols, firelighters, tear gas; or
camping stoves, gas cylinders, oxygen diving cylinders.

17.5 On board the coach, the Passenger undertakes to comply with the following rules:

no talking to the driver while he/she is driving;
obligation to wear and fasten the safety belt;
no walking in the central aisle during the Journey, except to get to the bathroom;
compliance with all safety instructions issued by the driver or the Passenger information system;
obligation not to be drunk or intoxicated;
prohibition to vaporize, smoke, consume narcotics and/or consume alcohol or illegal substances;
obligation to respect the cleanliness of the surroundings and amenities;
obligation to sit in the seat indicated by the driver;
obligation to behave calmly and quietly;
obligation to keep any mobile phone in “silent” mode throughout the entire Journey;
obligation not to use noisy or sound equipment (unless using a headset). Concerning Passengers accompanied by minors, the latter must be kept under the sole responsibility of the Passenger accompanying them who also exercise special supervision on minors in order to ensure that safety rules are always respected on board. For the safety of our young Passengers, Passengers accompanying children must provide them with an adapted child seat according to their age.

17.6 During stops, the Passenger must comply with the following rules:

obligation to get off the bus during breaks when requested by the driver or by any police or customs authority;
in the event that the driver allows Passengers to remain on the coach during breaks, they must refrain from disturbing the driver during his break;
obligation of the Passenger to remain on board the coach at the disembarkation points until the final destination is not reached, unless otherwise indicated by the driver;
prohibition on removing baggage from the hold during the Journey, except in duly justified cases (e.g. medical obligation);
compliance with the duration of the scheduled stops; the driver reserves the right to continue the Journey in the event that a Passenger fails to return to the coach at the end of the scheduled stop time, without being held responsible for the absence of the said Passenger.

18. Liability

18.1 BlaBlaBus undertakes to use all its competences and resources to provide satisfaction for the Passenger during the performance of its contractual obligations.

18.2 BlaBlaBus may only be held liable by the Passenger under the conditions of applicable law.

18.3 Consequently, BlaBlaBus may be held liable in the event of a breach of one of its contractual obligations except in the event of force majeure preventing the performance of the obligation in question, namely an event beyond the control of BlaBlaBus which could not reasonably have been foreseen at the time the Contract was concluded and the effects of which cannot be avoided by appropriate measures.

18.4 Within the limits provided by the applicable law, BlaBlaBus may only be held liable for the immediate and direct result of the non-performance invoked by the Passenger.

18.5 In any event, BlaBlaBus shall not be liable for any direct damage that may be claimed under the Contract, in excess of a maximum amount of two hundred and twenty thousand Euro (€220,000.00) per Passenger and a maximum of one thousand two hundred Euro (€1,200.00) per lost or damaged item of baggage, deducted from the above-mentioned overall limit. In the event of damage to wheelchairs, other mobility equipment or assistance devices, the amount of damages that may be claimed may not exceed the amount of the cost of replacing or repairing lost or damaged equipment so that it achieves equal functionality. BlaBlaBus may only be held liable for foreseeable damages at the time of conclusion of the Contract and within the specific limits provided for in this Contract.

19. Assistance

19.1 BlaBlaBus provides an online assistance and complaint form available on the Website and on the Mobile Application in the section “Help” then “Contact”.

19.2 For any query relating to the follow-up of an Order, the Passenger, or possibly an Agent, may contact BlaBlaBus’ customer cervice using the online form available in the section “Help” then “Contact” on the Website or by telephone as indicated on the Ticket.

20. Complaint

20.1 BlaBlaBus provides Passengers with a complaint procedure which does not exclude recourse to mediation or the online dispute resolution platform in Article 21 or to the courts, which remain at the Passenger’s disposal regardless of the action taken by BlaBlaBus on any complaint.

20.2 Any complaint must be addressed either using the online contact form referred to in Article 19 or by registered mail with acknowledgment of receipt to the following address:

Comuto Pro/BlaBlaCar
Customer Service
84 Avenue de la République,
75011 Paris (France)

20.3 The complaint must be submitted within three (3) months of the date of default and be accompanied by the original Ticket, otherwise BlaBlaBus will not process it, but without prejudice to the Passenger’s right to refer the matter to the mediator or online dispute resolution platform referred to in Article 21 or any court competent to hear the complaint.

20.4 To ensure maximum efficiency in the handling of complaints, Passengers are requested to specify their identity and to detail the reasons for and circumstances of the complaint.

20.5 BlaBlaBus undertakes to inform the Passenger of the status of the complaint (accepted, rejected or still under examination) within one (1) month of receipt of the claim. In any event, a final reply shall be sent to the Passenger within three (3) months of receipt of the complaint.

21. Mediation and online dispute resolution

21.1 Passengers are informed that they may refer the matter to the consumer mediator. It is provided that for any dispute of a contractual nature that has not been resolved when processing a complaint previously submitted to the customer service department of BlaBlaBus, the Passenger, as a consumer, may obtain mediation free of charge by contacting the Médiation Tourisme Voyage (MTV) BP 80 303 75 823 Paris Cedex 17. The mediator’s platform can be accessed under the following link: http://www.mtv.travel/index.php?page=saisine-du-mediateur

21.2 Pursuant to Article 14.1 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, Passengers are informed of the possibility of using the Online Dispute Resolution (ODR) platform made available by the European Commission and accessible at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN

21.3 Passengers are reminded that they can contact BlaBlaBus electronically using the form available in the section “Help” then “Contact” section on the Website.

22. Insurance

22.1 In addition to the assistance cover taken out by BlaBlaBus under these Terms and Conditions of Sale and the mandatory insurance available to BlaBlaBus, the Passenger is invited to take out any additional insurance policy and in particular an assistance policy covering certain specific risks, in particular repatriation costs in the event of accident or illness.

23. Intellectual property

23.1 All items and all content on the Website and the Mobile Application or documents transmitted by BlaBlaBus are protected by intellectual property rights and are the property of BlaBlaBus or its Partners. Any act of use of said items, contents or documents not authorized by BlaBlaBus (reproduction, representation, extraction, reuse, etc.), in whole or in part, constitutes counterfeiting and may entail the civil and criminal liability of the perpetrator.

23.2 The license to use the Website and the Mobile Application that is granted is limited to access and use for the sole personal use of the Website user. The Website user is not authorized to download or modify all or part of the Website and the Mobile Application without the prior, written and express approval of BlaBlaBus.

23.3 This license does not permit the use, for sale or any other commercial use, of the Website or the Mobile Application or of any related content (products listed, descriptions, prices, downloading or copying of information on behalf of another merchant, use of data, software, sound clips, graphics, images, texts, photographs, tools, extraction and reuse of database content).

23.4 The Website and the Mobile Application or any part thereof may not be reproduced, copied, sold or used for commercial purposes without BlaBlaBus express written permission. It is prohibited to use techniques allowing the copying of a trademark, logo or any other information (in particular images, text, models) owned by BlaBlaBus without the express written consent of BlaBlaBus.

24. Contractual documents

24.1 The Contract is composed of the following contractual documents:

the Ticket;
the present GT&C of Sale, including the Special Terms and Conditions;
the Privacy Policy.

24.2 In the event of any contradiction or discrepancy between the provisions of two or more of the documents, the provision of the higher ranked document shall prevail (e. g.: Ticket prevails over GT&C of Sale; GT&C of Sale prevail over Privacy Policy).

24.3 No mention made by the Passenger or possible Agent, on any document other than, as the case may be, his/her signature shall be considered as contractually binding unless expressly accepted by BlaBlaBus.

24.4 All the above-mentioned contractual documents represent all the commitments existing between the Parties. These contractual documents replace and cancel any previous oral or written commitments or agreements relating to the Order in question.

25. Titles

25.1 The titles used in the GT&C of Sale are provided for convenience only and shall not contribute to affecting the meaning or structure of the provisions hereof.

25.2 In the event of any difficulty of interpretation between any of the titles appearing at the top of the articles, and any of the articles, the titles shall be declared non-existent.

26. Validity

26.1 If one or more provisions of the GT&C of Sale are declared void, unwritten or unenforceable pursuant to any law, regulation or final decision of a competent court, such provision(s) shall be considered as severable from the remaining GT&C of Sale. The other provisions of the GT&C of Sale shall be considered valid, and shall remain in force, unless one of the Parties demonstrates that the cancelled provision(s) is (are) of an essential and decisive nature without which it would not have contracted.

27. Tolerances

27.1 The fact that one of the Parties does not invoke a breach by the other Party of any of its obligations under the Contract shall not be construed as a waiver of the performance of the obligation in question in the absence of a statute barring.

28. Applicable law and competent courts

28.1 The Contract is subject to French law (subject to the mandatory local rules).

28.2 Any dispute relating to its interpretation and/or execution shall be referred to the competent courts.

II. Special Terms and Conditions

Links to the Websites and Applications

29.1 The following are the link to the Websites (subjected to modification) which may be accessed by users to purchase Tickets:

http://fr.blablabus.com
http://it.blablabus.com http://de.blablabus.com http://pl.blablabus.com

30. Financial conditions and duration of the Ancillary Services

Ancillary Services:

a. A choice of specific seats

The ability for the Passenger or a possible Agent to select a specific seat as referred to in Article 5.5 from a panel of seats is charged at rate of two Euro (€2.00) per selection, in addition to the Ticket price.

b. Vouchers

The Voucher has a validity period which may not exceed twelve (12) months from the date of issue.

c. Promotional code

The newly signed-up person receives a Promotional Code of a value defined in these Special Conditions of five Euro (€5.00). The customer signing up the new customer receives a Promotional Code worth five Euro (€5.00) once the newly signed-up person has purchased the Ticket, placed an Order and made the Journey, within the limit of ten (10) Promotional Codes in a calendar year, i.e. a value of fifty Euro (€50.00) in a year.

Special financial conditions

a. children under 2 years of age on the day of travel benefit from a baby rate corresponding to 50% of the current price; b. children between the ages of 2 and 12 on the day of travel benefit from a 25% discount compared to the current fare price.

31. Derogations by Country

The following derogations apply for trips taking place in the respective countries cited below.

Italy

The provisions of Article 11 of the General Terms and Conditions shall not apply and shall be replaced by the following provisions:

11.1 To travel on our coaches, minors under 16 years of age must be accompanied by an adult (at least 18 years of age).

11.3 For international Journeys, minors under 14 years of age, unaccompanied by their parents, must comply with the applicable formalities in order to travel to a different country of which they are not nationals accompanied by a different adult natural person. An Italian or foreign minor residing in Italy must be in possession of a declaration to accompany the minor (available at https://www.poliziadistato.it/statics/31/modulo_dichiarazione_accompagnamento.pdf), signed by one of his/her parents who has parental authority and endorsed by the competent authorities (i.e. Questura in Italy), accompanied by a legible photocopy of an official document proving the identity of the signatory and providing for the name of the adult natural person to which the minor is entrusted. The abovementioned declaration is valid for one round-trip only and for a maximum period of six (6) months.

11.4 For international Journeys, notwithstanding conditions mentioned at article 11.1 above, minors aged 14 to 16 must be in possession of a travel authorization duly completed and signed by their legal representative or guardian and an identity document (national identity card, passport or any document issued by a public administration containing a similar identity photograph).

Germany

The provisions of Article 12 shall be completed as follows: Carriage of a wheelchair or walking aid

12.21 Passengers with disabilities or reduced mobility are entitled to free transport of their wheelchairs, provided they are foldable and without electric drive.

12.22 All wheelchairs which are required in the passenger compartment must, irrespective of the date of manufacture, have fastening points for securing, the so-called force nodes, in accordance with DIN 75078-2 and be approved by the manufacturer in accordance with DIN EN 12183 or 12184.

12.23 In order to check the possibility of transport, the passenger is requested to inform the Customer Service by telephone of the exact design of the wheelchair or other walking aid prior to booking, and no later than 7 days (for transport in the passenger compartment) or 36 hours (for transport in the luggage compartment) prior to departure.

12.24 The Passenger warrants that he/she complies with the above standards and that the wheelchair is functional and technically so designed that it can be used safely during the journey. The provisions of Article 23.1 shall not apply. The provisions of Article 30, 1, b) of the Special Terms and Conditions shall not apply and shall be replaced by the following provisions: The Voucher has a validity period which may not exceed three (3) years from the date of issue. In addition to these General and Special Conditions of Sale the “Verordnung über die Allgemeinen Beförderungsbedingungen für den Straßenbahn- und Obusverkehr sowie den Linienverkehr mit Kraftfahrzeugen” of 27.02.1970 (BGBl I, S. 230) in the respective valid version applies for a section of the route in Germany.

Poland

The provisions of Article 28 of the Special Terms and Conditions shall not apply and shall be replaced by the following provisions:

28.1 The Contract is governed by Polish law.

28.2 Any dispute relating to the Contract shall be subject to the non-exclusive jurisdiction of the Polish common courts. The Passenger may therefore file a suit to enforce his/her rights under the Contract in Poland or in his/her country of residence in the European Union, in accordance with the rules of law applicable to consumer relations.

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