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General terms and conditions of operation: Austria

General Terms and Conditions and Reservation Conditions (Status 18.09.2020)

I. Scope
1. the legal entity named in the reservation (hereinafter referred to as the "B&B") rents out to the guest (hereinafter referred to as the "Guest") the agreed hotel room with the agreed furnishings (hereinafter referred to as the "Hotel Room") for the agreed length of stay. These General Terms and Conditions of Business and Reservation (hereinafter referred to as "GTC") apply to accommodation contracts for the rental of hotel rooms and all other services provided for the Guest in this connection in the respective hotel.

2. general terms and conditions of business and reservation of the guest shall not apply unless this has been expressly agreed in writing beforehand. 

II. conclusion of contract
1. with the reservation of a hotel room, the guest offers B&B the conclusion of an accommodation contract B&B may refuse to conclude an accommodation contract at its own discretion. The accommodation contract between B&B and the Guest shall come into effect upon receipt of the B&B reservation number by the Guest or upon the handover or transmission of the access code (see clause IV.1.) to the Guest, whichever occurs earlier. The B&B Reservation Number shall be communicated to the Guest either by e-mail or fax, by telephone or in person at the Hotel. The Guest is advised that reservation numbers obtained from third parties (e.g. from online booking portals for hotel rooms) are not identical to the B&B reservation number. 

2. offers from B&B for the conclusion of an accommodation contract are subject to change and non-binding as long as the Guest has not received a B&B reservation number.

3. the Guest shall have no claim to the provision of a specific hotel room or to the fulfilment of special requests that go beyond the provision of a hotel room of the booked room category or equipment. Beyond this, there is no claim to the provision of a parking space. 

III. reservation, cancellation, non-use of the hotel room
1) The following terms "simple reservation" and "guaranteed reservation" differ in that in the simple reservation the guest only orders a hotel room, whereas in the guaranteed reservation he additionally guarantees payment of the accommodation price by providing his credit card details. The following term "cancellation" refers to the withdrawal of the guest from the accommodation contract. In the following paragraphs 2. to 7. it is explained under which circumstances a cancellation is possible free of charge or in which cases the overnight price less 10 % for saved expenses is to be paid by the guest. The following term "arrival day" refers to the first day of the booking period. The following term "departure day" is the corresponding last day of the booking period. 

2. if, in the case of a simple reservation, the guest has not checked in at the hotel by 7 p.m. on the day of arrival, the reservation shall lapse without replacement and the hotel shall put the reserved rooms up for sale. 

3. in case of a guaranteed reservation, the reservation of the hotel room will be maintained for the guest even after 7 p.m. on the day of arrival. The Guest may cancel guaranteed reservations free of charge until 7 p.m. on the day of arrival, unless the special conditions for group travel (see clause VIII) or the special conditions for trade fair and event times (see clause IX) apply or reservations have been made in accordance with clause III No. 6, which are marked as early booking rates, or unless different conditions are specified in special offers / specials from B&B. If the Guest does not cancel a guaranteed reservation until after 7 p.m. on the day of arrival, the Guest shall remain obligated to pay the accommodation price for the first night less 10% for saved expenses; in this case, B&B shall be free to rent out the room to another party. The same shall apply if the Guest has not checked in by 6:00 a.m. on the day following the day of arrival without having cancelled his/her reservation by 7:00 p.m. on the day of arrival ("No-Show"). Even then the guest is obliged to pay the accommodation price for the first night less 10% for saved expenses. The Guest shall in any case be at liberty to prove that the expenses saved by B&B are higher than 10% of the accommodation price.

4. in the case of guaranteed reservations lasting several days, if the Guest fails to arrive by 06.00 hours on the day following the day of arrival (no-show), all nights following the night of the day of arrival (accordingly from the second night of the booking period) shall be cancelled free of charge. In this case the guest is not entitled to a hotel room for the following nights.

5. the cancellation of group travel and of reservations for trade fair and event times is subject to the special terms and conditions contained in sections VIII and IX.

6. reservations at prices which are marked as early booking rates cannot be rebooked or cancelled free of charge and can only be booked via the website www.hotel-bb.com. In these cases, the accommodation price is due directly at the time of reservation and is only partially refundable as follows In case of cancellation or no-show, the guest will only be reimbursed for saved expenses in the amount of 10% of the accommodation price for the entire booking period. The Guest is free to prove that the expenses saved by B&B are higher.

7. if the Guest decides to pay for an online reservation directly using an online payment system (e.g. PayPal), it will then no longer be possible to change or cancel the reservation online. The guest must contact the hotel directly in the event of a rebooking or cancellation request. Online reservations are always guaranteed reservations within the meaning of Section III.1 i. V. m. clause. III.3. 

IV. Arrival and departure
1. B&B shall make the hotel room available to the guest in the agreed room category or equipment on the day of arrival, generally from 2 p.m. onwards, but under no circumstances later than 3 p.m. The guest has no claim to earlier provision of the hotel room. For access to the hotel and the hotel room, the guest will receive an access code upon check-in either at the reception desk, at the check-in machine located in the hotel or during online check-in.

2. on the day of departure, the guest must vacate his/her hotel room by 12 noon at the latest and return it undamaged. In the event of a checkout after 12 noon, B&B may charge the Guest 100% of the previous day's accommodation price due to the late vacating of the room for its use beyond the scope of the contract. The Guest shall be permitted to provide evidence that B&B has suffered no damage or substantially less damage. B&B shall be at liberty to provide evidence of higher damages.

V. Terms of use
1. the maximum occupancy for the respective room category may not be exceeded. Children and babies count as adults, especially due to fire safety regulations.

2. resale, subletting or brokering of booked rooms is prohibited unless the guest and B&B have expressly agreed otherwise in writing. The number of persons staying in the hotel room let may not exceed the number of persons staying overnight as stated in the reservation. In the event of a culpable breach by the Guest of the aforementioned provisions in this clause V. 2., B&B shall be entitled to cancel or terminate the accommodation contract and to claim damages from the Guest. 

3. the Guest must observe the house rules posted in the hotel during his/her stay there.

4. it is prohibited to consume tobacco products (especially cigarettes, cigars, pipes) and tobacco or smoking substitute products (especially e-cigarettes) in hotel rooms that are marked as non-smoking rooms. In the event of non-compliance, B&B shall be free to charge the Guest the (basic) cleaning costs for eliminating the consequences of non-permitted consumption or an additional cleaning flat rate ("flat-rate compensation"). The guest is free to prove that the actual cleaning costs incurred are less than the flat-rate compensation.

VI. accommodation prices and prices for additional services
1. the accommodation price to be paid by the guest is the consideration for the provision of the hotel room by B&B during the period of stay A full accommodation price shall be charged per overnight stay - irrespective of the actual use or overnight stay by the Guest - less any expenses saved, if any, unless otherwise provided for in clause III. If the Guest or his/her fellow travellers make use of other services provided by the Hotel (such as breakfast, paid parking, accommodation for pets, etc.), the Guest shall pay the respective price for these services in addition to the accommodation price. 

2. the agreed prices or the prices in B&B's price list valid at the time of conclusion of the contract shall apply. B&B shall be entitled to increase or decrease the prices if there is a period of more than four months between the time of the Guest's reservation and the date of arrival. In the event of a price increase of more than 5%, the Guest shall have the right to withdraw from the contract free of charge, which the Guest may exercise within two weeks of notification of the price increase at the latest. However, the right of withdrawal shall not apply if the price increase is solely due to an increase in statutory taxes, fees and charges, which B&B shall pass on to the Guest unchanged.

3. the prices or amounts shown in the reservation shall be inclusive of the applicable value added tax and all statutory taxes, fees and charges, unless expressly stated otherwise.

VII Terms of payment
1. the overnight accommodation prices as well as the prices for additional services (such as, if applicable, the use of parking spaces, breakfast, fees for pets and all other claims that are not expressly stated in the accommodation contract as part of the overnight accommodation price) are due for payment in advance at the latest upon arrival of the guest at the hotel, irrespective of the date of the invoice. If payment is not made on time, B&B shall be entitled to terminate the accommodation contract, whereupon the Guest shall vacate the room.

2. notwithstanding clause VII.1., B&B shall be entitled to require the Guest to make an advance payment for the accommodation costs up to the expected total invoice amount or to provide reasonable security in the form of a deposit by credit card at the time of reservation.

3. B&B accepts cash in euros, bank transfers, debit cards (Maestro, girocard etc.) and the following credit cards: Visa, Mastercard and American Express. Other means of payment are only permitted with the consent of B&B.

4. the Guest may only assert rights of set-off and retention if the underlying counterclaims are undisputed or have been established as legally binding.

VIII. special conditions for group travel
1) The term "tour group" is used below to describe a group of at least 15 guests for whom a joint reservation of at least eight (8) rooms has been made. Notwithstanding or in addition to the above provisions, the following applies to a travel group:

2. a contact person ("overall responsible person") must be named to B&B for the travel group at the time of the reservation.

3. B&B must be provided with a list of names of all participants before the travel group arrives.

4. upon confirmation of the reservation by B&B, the person responsible for the entire group shall receive details of the reservation, check-in details and, where applicable, security and other payment conditions. Reservations made by travel groups are always guaranteed reservations within the meaning of Section III.1.

5. the total amount of the accommodation costs must be paid by bank transfer or credit card to the B&B bank account specified in the confirmation of reservation or which the B&B shall notify the person responsible for overall responsibility upon completion of the reservation. Any fees for foreign bank transfers charged to B&B for payment of the tour group must be paid in full by the tour group no later than upon arrival at the hotel.

6. the accommodation costs of the travel group, including costs for additional services as defined in clause VII.1. are due for payment in advance, at the latest 28 days before the day of arrival, or, if the reservation is made within less than 28 days before the day of arrival, immediately, in each case irrespective of the date of the invoice. If payment is not made on time, B&B shall be entitled to withdraw from the accommodation contract (see clause XIII.1); in this case B&B may rent out the hotel rooms reserved for the travel group to other parties (without further information to the person responsible for the group) without the guests being able to assert any claims against B&B as a result.

7. the travel group can cancel or change their reservation free of charge from 60 rooms up to eight (8) weeks, from 40 to 59 rooms up to six (6) weeks and from eight (8) to 39 rooms up to four (4) weeks before the date of arrival. Irrespective of the number of rooms reserved, the travel group may also cancel a maximum of two (2) rooms free of charge up to three (3) days before the day of arrival. In the event of later cancellations or no-shows, the cancellation/no-show fee shall be the accommodation price for the cancelled or unused rooms for the entire booking period less 10% for saved expenses. The travel group is free to prove that the saved expenses of B&B are higher.

8. B&B will make the booked hotel rooms available to the travel group on the day of arrival, usually from 2 p.m., but under no circumstances later than 5 p.m.

9. B&B shall be entitled to demand security of up to 500 € per travel group upon arrival of the travel group at the hotel (e.g. cash or credit card) for any ancillary services as defined in clause VII.1. and for any other costs (in the event of damage etc.).

10. the travel group shall receive collective invoices from B&B, which shall be handed over to the person responsible for the entire tour.

IX. Special conditions for trade fair and event times
1. B&B shall inform the Guest of trade fair and event times relevant to the location of the hotel in question at any time upon request, at the latest upon reservation. Notwithstanding or in addition to the above provisions, the following shall apply during trade fair and event times:

2. only guaranteed reservations are possible for overnight stays. Simple reservations, however, cannot be made. 

3. the guest can only cancel or change his reservation free of charge up to a point in time before the day of arrival, if such a point in time is indicated in the confirmation of reservation for free cancellation or change; otherwise no free cancellation or change is possible. As part of the booking process, the Guest will also be notified if there is a cancellation deadline. In the event of later cancellations or no-shows by the Guest, the accommodation price for the cancelled or unused rooms for the entire booking period less 10% for saved expenses is to be paid as the cancellation or no-show fee. The Guest is free to prove that the expenses saved by B&B are higher. 

4. the accommodation costs, including costs for ancillary services as defined in clause VII.1. shall be due for payment in advance, but no later than the end of the day on which, in accordance with the preceding paragraph, free cancellation is possible for the last time before the date of arrival, or, if no free cancellation or change is possible, immediately, in each case irrespective of the date of the invoice. If payment is not made on time, B&B shall be entitled to withdraw from the accommodation contract (see clause XIII.1); in this case B&B may rent out the hotel room reserved for the Guest (without further information to the Guest) to another party without the Guest being able to assert any claims against B&B as a result.

X. Liability of B&B
1. B&B shall be liable for damages for which it is responsible arising from injury to life, body or health. Furthermore, B&B shall be liable for other damage resulting from a wilful or grossly negligent breach of duty on the part of B&B or from a wilful or negligent breach of material contractual duties on the part of B&B. Material contractual obligations are obligations that are essential to the proper performance of the contract and on the fulfilment of which the Guest relies and may rely. A breach of duty on the part of B&B shall be deemed equivalent to that of a legal representative or vicarious agent. Further claims for damages shall be excluded unless otherwise provided for in this Section X. Claims based on data protection law are not covered by this liability provision.

4. it is prohibited to consume tobacco products (especially cigarettes, cigars, pipes) and tobacco or smoking substitute products (especially e-cigarettes) in hotel rooms that are marked as non-smoking rooms. In the event of non-compliance, B&B shall be free to charge the Guest the (basic) cleaning costs for eliminating the consequences of non-permitted consumption or an additional cleaning flat rate ("flat-rate compensation"). The guest is free to prove that the actual cleaning costs incurred are less than the flat-rate compensation.

VI. accommodation prices and prices for additional services
1. the accommodation price to be paid by the guest is the consideration for the provision of the hotel room by B&B during the period of stay A full accommodation price shall be charged per overnight stay - irrespective of the actual use or overnight stay by the Guest - less any expenses saved, if any, unless otherwise provided for in clause III. If the Guest or his/her fellow travellers make use of other services provided by the Hotel (such as breakfast, paid parking, accommodation for pets, etc.), the Guest shall pay the respective price for these services in addition to the accommodation price. 

2. the agreed prices or the prices in B&B's price list valid at the time of conclusion of the contract shall apply. B&B shall be entitled to increase or decrease the prices if there is a period of more than four months between the time of the Guest's reservation and the date of arrival. In the event of a price increase of more than 5%, the Guest shall have the right to withdraw from the contract free of charge, which the Guest may exercise within two weeks of notification of the price increase at the latest. However, the right of withdrawal shall not apply if the price increase is solely due to an increase in statutory taxes, fees and charges, which B&B shall pass on to the Guest unchanged.

3. the prices or amounts shown in the reservation shall be inclusive of the applicable value added tax and all statutory taxes, fees and charges, unless expressly stated otherwise.

VII. terms of payment
1. the overnight accommodation prices as well as the prices for additional services (such as, if applicable, the use of parking spaces, breakfast, fees for pets and all other claims that are not expressly stated in the accommodation contract as part of the overnight accommodation price) are due for payment in advance at the latest upon arrival of the guest at the hotel, irrespective of the date of the invoice. If payment is not made on time, B&B shall be entitled to terminate the accommodation contract, whereupon the Guest shall vacate the room.

2. notwithstanding clause VII.1., B&B shall be entitled to require the Guest to make an advance payment for the accommodation costs up to the expected total invoice amount or to provide reasonable security in the form of a deposit by credit card at the time of reservation.

3. B&B accepts cash in euros, bank transfers, debit cards (Maestro, girocard etc.) and the following credit cards: Visa, Mastercard and American Express. Other means of payment are only permitted with the consent of B&B.

4. the Guest may only assert rights of set-off and retention if the underlying counterclaims are undisputed or have been established as legally binding.

VIII. special terms and conditions for group travel
1) The term "tour group" is used below to describe a group of at least 15 guests for whom a joint reservation of at least eight (8) rooms has been made. Notwithstanding or in addition to the above provisions, the following applies to a travel group:

2. a contact person ("overall responsible person") must be named to B&B for the travel group at the time of the reservation.

3. B&B must be provided with a list of names of all participants before the travel group arrives.

4. upon confirmation of the reservation by B&B, the person responsible for the entire group shall receive details of the reservation, check-in details and, if applicable, security and other payment conditions. Reservations made by travel groups are always guaranteed reservations within the meaning of Section III.1.

5. the total amount of the accommodation costs must be paid by bank transfer or credit card to the B&B bank account specified in the confirmation of reservation or which the B&B shall notify the person responsible for overall responsibility upon completion of the reservation. Any fees for foreign bank transfers charged to B&B for payment of the tour group must be paid in full by the tour group no later than upon arrival at the hotel.

6. the accommodation costs of the travel group, including costs for additional services as defined in clause VII.1. are due for payment in advance, at the latest 28 days before the day of arrival, or, if the reservation is made within less than 28 days before the day of arrival, immediately, in each case irrespective of the date of the invoice. If payment is not made on time, B&B shall be entitled to withdraw from the accommodation contract (see clause XIII.1); in this case B&B may rent out the hotel rooms reserved for the travel group to other parties (without further information to the person responsible for the group) without the guests being able to assert any claims against B&B as a result.

7. the travel group can cancel or change their reservation free of charge from 60 rooms up to eight (8) weeks, from 40 to 59 rooms up to six (6) weeks and from eight (8) to 39 rooms up to four (4) weeks before the date of arrival. Irrespective of the number of rooms reserved, the travel group may also cancel a maximum of two (2) rooms free of charge up to three (3) days before the day of arrival. In the event of later cancellations or no-shows, the cancellation/no-show fee shall be the accommodation price for the cancelled or unused rooms for the entire booking period less 10% for saved expenses. The travel group is free to prove that the saved expenses of B&B are higher.

8. B&B will make the booked hotel rooms available to the travel group on the day of arrival, usually from 2 p.m., but under no circumstances later than 5 p.m.

9. B&B shall be entitled to demand security of up to 500 € per travel group upon arrival of the travel group at the hotel (e.g. cash or credit card) for any ancillary services as defined in clause VII.1. and for any other costs (in the event of damage etc.).

10. the travel group shall receive collective invoices from B&B, which shall be handed over to the person responsible for the entire tour.

IX. Special conditions for trade fair and event times
1. B&B shall inform the Guest of trade fair and event times relevant to the location of the hotel in question at any time upon request, at the latest upon reservation. Notwithstanding or in addition to the above provisions, the following shall apply during trade fair and event times:

2. only guaranteed reservations are possible for overnight stays. Simple reservations, however, cannot be made. 

3. the guest can only cancel or change his reservation free of charge up to a point in time before the day of arrival, if such a point in time is indicated in the confirmation of reservation for free cancellation or change; otherwise no free cancellation or change is possible. As part of the booking process, the Guest will also be notified if there is a cancellation deadline. In the event of later cancellations or no-shows by the Guest, the accommodation price for the cancelled or unused rooms for the entire booking period less 10% for saved expenses is to be paid as the cancellation or no-show fee. The Guest is free to prove that the expenses saved by B&B are higher. 

4. the accommodation costs, including costs for ancillary services as defined in clause VII.1. shall be due for payment in advance, but no later than the end of the day on which, in accordance with the preceding paragraph, free cancellation is possible for the last time before the date of arrival, or, if no free cancellation or change is possible, immediately, in each case irrespective of the date of the invoice. If payment is not made on time, B&B shall be entitled to withdraw from the accommodation contract (see clause XIII.1); in this case B&B may rent out the hotel room reserved for the Guest (without further information to the Guest) to another party without the Guest being able to assert any claims against B&B as a result.

X. Liability of B&B
1. B&B shall be liable for damages for which it is responsible arising from injury to life, body or health. Furthermore, B&B shall be liable for other damage resulting from a wilful or grossly negligent breach of duty on the part of B&B or from a wilful or negligent breach of material contractual duties on the part of B&B. Material contractual obligations are obligations that are essential to the proper performance of the contract and on the fulfilment of which the Guest relies and may rely. A breach of duty on the part of B&B shall be deemed equivalent to that of a legal representative or vicarious agent. Further claims for damages shall be excluded unless otherwise provided for in this Section X. Claims based on data protection law are not covered by this liability provision.

2. if disruptions or defects occur in B&B's services, the Guest shall notify B&B or the hotel staff on site without delay. B&B shall endeavour to remedy the situation as soon as it becomes aware of the defect or upon immediate notification by the Guest. The Guest shall be obliged to make all reasonable efforts to remedy the disruption and keep any possible damage to a minimum.

3. B&B shall also be liable to the Guest for any claims that the Guest may make against B&B on any legal grounds whatsoever if such claims are based on a culpable act or omission on the part of B&B or its staff or if B&B or its staff have breached their supervisory duties with regard to third parties entering or leaving the hotel. This shall also apply in particular to claims under §§ 970 to 970c ABGB (Austrian Civil Code) (B&B's liability for items brought by the Guest).

4. if the Guest is provided with a parking space in the hotel garage or in the hotel parking lot, even if a fee is charged, this shall not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or shunted on the hotel property and their contents, B&B shall only be liable in accordance with clause X.1.

5. messages, mail and consignments of goods for guests shall be handled with care by the hotel. The acceptance and storage of mail and consignments of goods for the Guest requires prior agreement with the Hotel. However, there is no obligation on the part of the Hotel to accept and store such mail and goods.

XI. Theft and Damage
In the event of theft or damage to his/her belongings, as well as in the event of fire, water damage or other damage to the hotel room, the guest must inform the hotel staff immediately.

XII. Pets
The bringing of dogs and cats (hereinafter referred to as "pets") requires prior notification by the Guest; for other animals, B&B must be contacted with a precise description of the species, whereby B&B may refuse consent in all cases at any time and without giving reasons. A maximum of one pet may be brought along per single room and two pets per double room. An additional fee must be paid for each animal and pet brought along. B&B will inform the guest of the amount of this fee when the guest notifies B&B. Blind and deaf dogs as well as similar service dogs on which the guest can prove to be dependent are exempt from the obligation to pay fees.

XIII Termination of the Accommodation Agreement
1. B&B shall be entitled to withdraw from the accommodation contract if the Guest fails to make an advance payment and/or a deposit owed by the Guest on time or in full.

2. B&B shall be entitled to terminate the accommodation contract in particular and, if applicable  (iii) B&B has good reason to believe that the performance of the accommodation contract may jeopardise the smooth running of the business, the safety or the reputation of the hotel in the public eye, without this being attributable to the dominating or managing director of the hotel. (iv) the Guest is under the influence of illegal drugs during his/her stay at the Hotel, uses the Hotel room for the performance of a commercial activity involving customer traffic or uses the Hotel room for prostitution or the purpose and/or occasion of the stay is unlawful, or (v) the Guest repeatedly insults, disturbs or otherwise harasses the Hotel staff or other Hotel guests despite being warned.

XIV Data protection, minors
1. if the Guest books a hotel room directly with B&B or via a third party provider (e.g. a hotel reservation portal), B&B shall process the Guest's personal data for the purpose of implementing an accommodation contract, including the execution of the hotel stay and the handling of payments (in particular also for tracking the use of B&B's services, for check-in and the organisation of room access) in accordance with the provisions of the EU Data Protection Basic Regulation, the Data Protection Act and all other relevant laws. The recipient of the personal data is B&B, with whom the accommodation contract for the corresponding hotel room is concluded. Data will only be passed on to third parties within the scope of the legal requirements. 

The person responsible for processing personal data is the legal entity named in the reservation. The guest can find further information on the B&B website at https://www.hotel-bb.com/de/datenschutzbestimmungen and in the data protection information available during the booking process. 

3. minors may not transmit any personal data to B&B without the consent of their legal guardians. B&B does not process any personal data of minors knowingly obtained in connection with the conclusion and processing of accommodation contracts.

XV. EU consumer arbitration board
The European Commission provides a platform for extrajudicial online dispute resolution (OS platform), which can be accessed at https://www.ec.europa.eu/consumers/odr. B&B is currently not participating in the alternative dispute resolution procedures offered there; the online dispute resolution platform can therefore not be used by B&B guests at present. B&B is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

XVI. General Provisions
1. changes and additions to the accommodation contract or these general terms and conditions must be made in writing. Unilateral changes or additions by the guest are invalid.

2. a possible invalidity of one or more of the above provisions shall not affect the validity of the remaining provisions.

3. this agreement is subject to Austrian law excluding the conflict of laws rules and the provisions of the UN Convention on Contracts for the International Sale of Goods.

4. place of performance and payment as well as exclusive place of jurisdiction - also for disputes concerning cheques and bills of exchange - in business dealings shall be the registered office of the hotel or, at the discretion of B&B, the court having jurisdiction for the first district of Vienna in commercial matters. B&B shall also be entitled to bring actions and other legal proceedings at the Guest's general place of jurisdiction. In the event of disputes arising from a consumer transaction, the legally prescribed place of jurisdiction shall apply.

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