Bir-Billing, Himachal Pradesh · Local booking support

Terms & Conditions

Effective Date: 17 September 2026
Last Updated: 18 September 2026

These Terms & Conditions (“Terms”) govern access to and use of BookBir and bookings or other transactions made through BookBir.

Please read these Terms carefully before using BookBir or making a booking.

  1. About These Terms

BookBir is a local travel discovery, booking and facilitation platform focused primarily on Bir, Himachal Pradesh and surrounding destinations.

These Terms apply when you access, browse or use:

  • BookBir.com;
  • the BookBir Android application;
  • the BookBir Progressive Web App (PWA);
  • BookBir’s authorised WhatsApp booking channels;
  • bookings made with BookBir by telephone or email; and
  • other digital or booking services expressly operated by BookBir.

Together, these are referred to as the “BookBir Services.”

By making a booking or otherwise using the BookBir Services, you agree to these Terms and to any specific terms disclosed and accepted for your booking.

If you do not agree with these Terms, you should not make a booking or continue using the BookBir Services.

  1. Definitions

For these Terms:

“BookBir,” “we,” “our” or “us” means the sole proprietorship operated by Manjeet Thakur under the business/trading name BookBir.

“Customer,” “you” or “your” means the person using BookBir or making a booking, including a person making a booking on behalf of other participants.

“Service Provider” or “Provider” means the independent hotel, homestay, camp, pilot/operator, guide, rental provider, driver, baker, activity provider or other business or individual responsible for providing the underlying booked service.

“Booking” means a reservation for a service made through BookBir and confirmed in accordance with these Terms.

“Reservation Amount” means an advance amount paid to secure a booking. Unless expressly stated otherwise before payment, it forms part of the total booking price and is not an additional fee.

“Booking Confirmation” means confirmation issued through an authorised BookBir or Provider channel stating that the relevant booking has been confirmed.

  1. Eligibility

You must have the legal capacity to enter into the relevant transaction when making a booking through BookBir.

Where a person under 18 participates in a service, the booking must be made or authorised by a parent, legal guardian or other responsible adult where required.

Certain services may have additional requirements relating to:

  • minimum or maximum age;
  • identification;
  • driving licence;
  • health or physical fitness;
  • weight or other operational limits;
  • parental or guardian consent; or
  • Provider or regulatory requirements.

These requirements will apply where relevant to the particular service.

  1. BookBir’s Role

BookBir provides a platform through which customers can discover, enquire about and book travel services and local experiences.

Depending on the booking, BookBir may:

  • provide information about available services;
  • receive booking enquiries;
  • check availability with Providers;
  • communicate prices and material booking conditions;
  • collect customer booking information;
  • collect a Reservation Amount or other authorised payment;
  • communicate with the Provider on the customer’s behalf;
  • issue or communicate booking confirmation;
  • assist with booking changes or cancellations; and
  • provide booking-related customer support.

Unless expressly stated otherwise, the underlying travel, accommodation, transport, rental, activity or other service is provided by an independent Service Provider.

BookBir does not become the operator of an independent Provider’s service merely because the booking was made or payment was collected through BookBir.

BookBir remains responsible for its own representations, payment handling, booking administration, express commitments and other obligations for which BookBir is responsible under applicable law.

Nothing in these Terms excludes responsibility that cannot lawfully be excluded.

  1. Independent Service Providers

Service Providers available through BookBir may include hotels, homestays, camps, paragliding operators, pilots, guides, vehicle rental providers, taxi operators, drivers and other local businesses.

Unless BookBir expressly identifies a service as being directly operated by BookBir, the Provider is responsible for the actual performance and operational control of its service, including matters within its control such as:

  • day-to-day service delivery;
  • personnel and staffing;
  • operational equipment;
  • operational safety decisions;
  • licences, registrations or permits applicable to the Provider;
  • property facilities;
  • vehicle condition;
  • activity operation; and
  • compliance with requirements applicable to the Provider’s business.

BookBir may conduct checks or request information from Providers. Such checks do not amount to a guarantee that a Provider or service will be free from all risks, defects or operational problems.

Where BookBir becomes aware of a material issue affecting a booking, BookBir may take reasonable steps to assist the customer and communicate with the Provider.

  1. Service Information and Availability

BookBir aims to present useful and reasonably accurate information about services available through the platform.

However, availability, prices, schedules, photographs, facilities, routes, activity duration, vehicle models and other details may change.

Information supplied by independent Providers may also change after being provided to BookBir.

Before payment, BookBir will communicate or make available the material terms relevant to the booking, which may include:

  • the service being booked;
  • date or booking period;
  • number of participants or guests;
  • total price or price basis;
  • Reservation Amount;
  • remaining balance, where applicable;
  • important inclusions and exclusions;
  • cancellation or rescheduling conditions;
  • eligibility requirements; and
  • any material Provider-specific conditions communicated to BookBir.

A displayed listing or enquiry response does not itself guarantee availability.

  1. Booking Requests and Confirmation

Submitting an enquiry or booking request does not automatically create a confirmed booking.

Unless expressly stated otherwise, a booking becomes confirmed when:

  1. the required Reservation Amount or other required payment has been successfully received; and
  2. BookBir or the authorised Service Provider has issued a Booking Confirmation.

Before payment, BookBir will communicate or make reasonably accessible the applicable price and material booking conditions.

Availability may change until confirmation.

A quotation, availability message, payment request or preliminary discussion should not be treated as final confirmation unless the booking is expressly confirmed.

Customers should not make non-refundable travel arrangements in reliance solely on an unconfirmed booking request.

If BookBir receives payment but the requested service cannot subsequently be confirmed, BookBir will, as applicable, offer:

  • an alternative date;
  • a reasonably comparable available service; or
  • a refund of the applicable amount paid for the service that could not be confirmed.

A customer is not required to accept a materially different substitute.

  1. Prices

Prices may depend on factors including:

  • dates and season;
  • Provider pricing;
  • availability;
  • number of guests or participants;
  • room, vehicle or service category;
  • duration;
  • taxes or government charges;
  • special events;
  • additional services; and
  • promotional offers.

Prices displayed before an availability check may therefore be indicative where clearly stated as such.

The price communicated and accepted for a confirmed booking will apply to that booking except where a change is subsequently requested and accepted, or where correction of an obvious pricing error is permitted by applicable law.

BookBir will not retrospectively impose an undisclosed mandatory charge on an already confirmed booking.

  1. Reservation Amount and Remaining Balance

Some BookBir bookings require payment of a Reservation Amount to secure the booking.

Unless expressly disclosed otherwise before payment:

  • the Reservation Amount forms part of the total booking price;
  • it is not an additional fee on top of the quoted price; and
  • it will be credited towards the total amount payable for the booking.

Where a balance remains payable, the amount, payment timing and applicable payment method will be communicated as part of the booking arrangement.

Depending on the service, the balance may be payable to BookBir or directly to the Service Provider.

The refundability of a Reservation Amount is governed by the cancellation terms applicable to the booking.

  1. Payments

BookBir may accept payments through authorised payment gateways, UPI, payment links or other payment methods communicated through official BookBir channels.

Third-party payment processors may process payment information in accordance with their own systems and applicable policies.

BookBir does not require customers to provide OTPs, UPI PINs, banking passwords or similar authentication credentials to BookBir staff or Service Providers.

Customers should never send such credentials through WhatsApp, telephone, email or other messaging channels.

If you believe you have made a duplicate or incorrect payment, contact BookBir promptly so the transaction can be investigated.

  1. Customer Responsibilities

Customers are responsible for:

  • providing accurate booking and contact information;
  • checking the Booking Confirmation;
  • informing BookBir promptly about material errors;
  • providing accurate guest or participant details where required;
  • carrying required identification;
  • holding a valid driving licence where required;
  • arriving at the communicated reporting or check-in location on time;
  • complying with lawful Provider instructions;
  • complying with applicable laws and local regulations;
  • behaving responsibly toward Providers, staff, local residents and other customers; and
  • complying with reasonable environmental and property rules.

If you make a booking on behalf of other people, you are responsible for communicating the material booking conditions to them.

  1. Accommodation and Stays

Accommodation bookings may be subject to property-specific conditions relating to:

  • check-in and check-out;
  • guest identification;
  • occupancy;
  • children;
  • pets;
  • meals;
  • parking;
  • extra beds;
  • property rules;
  • damage;
  • deposits; and
  • cancellation.

The relevant material conditions will be communicated or made available before booking where applicable.

For stays expressly offered under Flexible Cancellation, the cancellation conditions stated in BookBir’s Booking, Cancellation & Refund Policy apply.

Different cancellation conditions for a particular property, rate, peak period, promotion or non-refundable offer apply only where those conditions are disclosed before payment.

  1. Paragliding and Adventure Activities

Paragliding, trekking, camping, hiking and similar outdoor activities involve inherent risks.

These may include risks associated with:

  • weather;
  • wind;
  • altitude;
  • terrain;
  • physical exertion;
  • natural environments;
  • equipment;
  • transportation;
  • changing operational conditions; and
  • other circumstances inherent in outdoor or adventure activities.

Participation is voluntary.

Operational safety decisions for an activity are made by the relevant Provider, pilot, guide or other appropriately responsible person.

An activity may be delayed, modified, rescheduled or cancelled where conditions are considered unsuitable.

Customers must follow applicable safety instructions and use required safety equipment.

Acknowledging the inherent risks of an adventure activity does not waive any right or remedy that cannot lawfully be waived, including in relation to negligence, fraud, unsafe equipment or other legally actionable conduct where applicable.

  1. Health, Fitness and Eligibility

Customers are responsible for considering whether they meet the communicated eligibility requirements for an activity.

Where relevant, customers should disclose information reasonably required by the Provider to determine safe participation.

BookBir does not provide medical advice.

A Provider may refuse or discontinue participation where it reasonably considers that participation would create an unacceptable safety risk or where eligibility requirements are not met.

Any refund in such circumstances will depend on the reason for refusal, the applicable booking conditions and applicable law.

  1. Activity Duration, Routes and Conditions

For weather-dependent or outdoor activities, stated durations, routes, heights, distances and similar operational details may be approximate unless expressly guaranteed.

For example, paragliding flight duration can vary depending on weather, wind, thermal activity, air traffic, safety considerations and operational conditions.

Reasonable safety-related changes do not automatically constitute failure to provide the service.

Where a material change substantially alters the essential service purchased, BookBir will assist in determining an appropriate remedy in accordance with the accepted booking conditions and applicable law.

  1. Scooty and Vehicle Rentals

Customers renting a scooty, motorcycle or other vehicle must comply with the rental Provider’s applicable requirements.

These may include:

  • valid driving licence;
  • identity verification;
  • security deposit;
  • rental period;
  • permitted use;
  • fuel conditions;
  • return time;
  • late-return charges;
  • traffic rules;
  • damage responsibility; and
  • insurance conditions.

Any applicable deposit, damage policy, fuel requirement or material charge must be communicated before the rental is confirmed where relevant.

Customers should inspect the vehicle when receiving it and promptly document or report visible pre-existing damage.

Customers are not responsible for properly documented pre-existing damage or ordinary wear and tear.

  1. Taxi and Transport Services

Taxi or transport bookings may be based on:

  • travel date;
  • pickup location;
  • destination;
  • passenger count;
  • vehicle category;
  • route; and
  • agreed price basis.

Additional charges for waiting time, parking, tolls, additional distance, route changes or other extras will apply only where included in the accepted booking terms or subsequently agreed where circumstances change.

Travel time estimates are not guarantees and may be affected by traffic, road conditions, weather, closures and other circumstances.

  1. Custom Products and Other Local Services

Certain BookBir bookings may involve cakes, customised products or other services prepared specifically for the customer.

Such bookings may be subject to disclosed conditions relating to:

  • size or quantity;
  • customisation;
  • preparation;
  • delivery or collection;
  • timing; and
  • cancellation after preparation has begun.

Reasonable committed costs may be non-refundable where this was properly disclosed and the Provider has already incurred those costs.

This does not affect remedies available where a product is not supplied, is materially different from what was agreed, is unsafe, or where another remedy is required by applicable law.

  1. Booking Changes and Rescheduling

Customers may request changes to dates, participant numbers, service options or other booking details.

A requested change is not confirmed until accepted by BookBir or the relevant Provider.

Changes are subject to:

  • availability;
  • Provider acceptance;
  • applicable price differences;
  • operational restrictions; and
  • the conditions applicable to the booking.

The original booking remains in effect until the requested change has been confirmed.

  1. Cancellation and Refunds

Cancellations, refunds, rescheduling, Provider cancellations, no-shows, partial services, failed payments and related matters are governed by BookBir’s Booking, Cancellation & Refund Policy, which forms part of these Terms.

Material cancellation conditions applicable to the booking will be communicated or made reasonably accessible before payment. Customers should review those conditions before completing payment.

Where a booking has specific cancellation conditions, those conditions will apply where they were properly disclosed and accepted before payment.

BookBir will not retrospectively replace an accepted cancellation condition with a less favourable condition.

Nothing in these Terms or a booking-specific cancellation condition removes a refund or other remedy that must be provided under applicable law.

  1. Late Arrival and No-Show

Customers are responsible for arriving at the communicated place and time.

Certain bookings may have specific:

  • reporting times;
  • check-in times;
  • departure times;
  • grace periods; or
  • no-show conditions.

Where applicable, specific reporting times, check-in times, departure times, grace periods or no-show conditions will be communicated as part of the booking arrangement.

A customer may be treated as a no-show where the customer fails to attend or arrive within the applicable time without an accepted change or cancellation.

A Provider’s failure to make the confirmed service available will not be treated as a voluntary customer no-show.

  1. Cancellation or Changes by BookBir or a Service Provider

A confirmed booking may occasionally need to be changed or cancelled because of Provider unavailability, weather, safety considerations, operational restrictions or other circumstances.

Where this occurs, BookBir will take reasonable steps to inform the customer as soon as practicable.

Depending on the circumstances, the customer may be offered:

  • rescheduling;
  • a reasonably comparable alternative; or
  • an applicable refund.

A materially different substitute or an increase in the agreed price requires customer acceptance.

A customer will not be charged a customer-cancellation fee merely because BookBir or the Provider cancelled the service.

  1. Weather and Safety-Related Changes

Weather-dependent services may be delayed, shortened, modified, rescheduled or cancelled where reasonably necessary for safety.

This is particularly relevant to paragliding, trekking, camping and mountain travel.

Where the service cannot be provided because of weather or safety conditions, the options available will be determined according to the applicable Booking, Cancellation & Refund Policy and any specific conditions disclosed before payment.

BookBir does not guarantee weather conditions or that a weather-dependent activity will operate at a particular time.

  1. Force Majeure and Events Beyond Reasonable Control

A party may be prevented or materially delayed from performing a booking because of exceptional circumstances beyond its reasonable control.

These may include, depending on the circumstances:

  • severe weather;
  • natural disasters;
  • landslides;
  • road or infrastructure closures;
  • government restrictions;
  • airspace restrictions;
  • public emergencies;
  • civil disturbances;
  • significant utility or communications failures; or
  • other genuine events that prevent performance.

A force majeure event does not automatically mean that all money paid by a customer is forfeited.

BookBir will consider the service affected, amounts already properly committed or provided, available alternatives and applicable law when determining the appropriate booking outcome.

Ordinary overbooking, avoidable staffing problems or routine commercial inconvenience will not automatically be treated as force majeure.

  1. Insurance

Unless expressly stated as included with a particular service, BookBir does not itself provide travel, medical, personal accident or adventure-sports insurance.

Customers should consider obtaining insurance appropriate to their trip, planned activities and personal circumstances.

Where a Provider states that particular insurance applies to a service, the scope and conditions of that insurance are determined by the relevant policy or Provider documentation.

BookBir does not represent that a Provider’s insurance covers every possible incident, loss or customer.

  1. Reviews, Photographs and User Content

Where BookBir allows customers to submit reviews, photographs, comments or other content, customers must not submit material that:

  • is unlawful;
  • is knowingly false or misleading;
  • infringes another person’s rights;
  • contains malicious software;
  • unlawfully discloses personal information; or
  • is abusive, threatening or discriminatory.

Customers retain ownership of their original content but grant BookBir permission to display, reproduce and use submitted content for operating and promoting BookBir, subject to applicable law and any permissions communicated at the time of submission.

BookBir may remove content that violates these Terms or applicable law.

  1. Third-Party Websites and Services

BookBir may contain links to or integrate services provided by third parties, including:

  • payment processors;
  • maps;
  • messaging services;
  • app stores;
  • social media services; and
  • Provider websites.

Those third-party services may be governed by their own terms and privacy practices.

BookBir is not responsible for independent third-party websites merely because BookBir provides a link to them.

  1. Mobile Application and PWA

These Terms also apply to use of the BookBir Android application and Progressive Web App.

Application features and permissions may change as BookBir develops its services.

Any device permissions requested by the application will be used for the communicated purpose and handled in accordance with BookBir’s Privacy Policy and applicable law.

Users may receive updates, security improvements, bug fixes and feature changes.

BookBir may discontinue support for an outdated application version where reasonably necessary for security or technical reasons.

  1. Intellectual Property

BookBir’s branding and original platform content, including applicable:

  • logos;
  • text;
  • graphics;
  • icons;
  • original photographs and videos;
  • website design;
  • application design;
  • software; and
  • other original material

are owned by BookBir or used with appropriate permission.

Nothing in these Terms transfers ownership of BookBir intellectual property to a user.

You may use BookBir content for ordinary personal use of the platform.

You may not reproduce, commercially exploit, systematically scrape, republish or distribute protected BookBir content without permission, except where permitted by applicable law.

Third-party trademarks, photographs and other materials remain the property of their respective owners.

  1. Acceptable Use

You must not use BookBir to:

  • engage in unlawful or fraudulent activity;
  • knowingly submit false booking information;
  • impersonate another person;
  • interfere with the operation or security of BookBir;
  • attempt unauthorised access to systems or accounts;
  • introduce malicious software;
  • abuse, threaten or harass BookBir staff, Providers or other users;
  • make fraudulent payment claims or chargebacks;
  • systematically scrape or commercially reproduce BookBir content without permission; or
  • use the platform in a manner that materially harms other customers or Providers.

BookBir may restrict or suspend access where reasonably necessary to protect the platform, customers, Providers or legal rights.

Such restriction does not remove rights relating to an existing paid booking.

  1. Privacy and Personal Information

BookBir processes personal information required to operate the platform and facilitate bookings in accordance with its Privacy Policy and applicable law.

Booking information may need to be shared with the relevant Service Provider and authorised service providers where reasonably necessary to fulfil a booking, process a payment, provide support, prevent fraud or meet legal obligations.

Customers should review the Privacy Policy for further information about BookBir’s collection, use, sharing, retention and protection of personal information.

  1. Platform Availability

BookBir aims to keep its website, applications and booking channels reasonably available.

However, temporary interruptions may occur because of:

  • maintenance;
  • internet or telecommunications failures;
  • hosting problems;
  • software errors;
  • third-party service interruptions;
  • security incidents; or
  • circumstances outside BookBir’s reasonable control.

BookBir does not guarantee uninterrupted access to every digital feature at all times.

An interruption to the website or application does not itself cancel an already confirmed booking.

Customers who cannot access a digital booking channel may contact BookBir through another available official channel.

  1. Responsibility and Limitation of Liability

Responsibility for a problem will depend on the circumstances and on whether the relevant act, omission or obligation was within the responsibility of BookBir, the Service Provider, the customer or another party.

BookBir is responsible for its own acts and omissions to the extent required by applicable law.

An independent Service Provider is responsible for its own service delivery, operational decisions and acts or omissions to the extent required by applicable law.

To the maximum extent permitted by law, BookBir will not be responsible for indirect or consequential losses that were not reasonably foreseeable as a result of BookBir’s breach.

BookBir is not responsible merely because an independent Provider caused a loss outside BookBir’s reasonable control, but this does not exclude any responsibility BookBir may have because of its own representation, negligence, payment handling, booking administration or other legally attributable conduct.

Nothing in these Terms excludes or limits liability where doing so would be unlawful, including any liability or consumer remedy that cannot legally be excluded or restricted.

No contractual liability cap in these Terms overrides a mandatory remedy available under applicable law.

  1. Customer-Caused Losses

A customer may be responsible for reasonable losses directly caused by that customer’s:

  • fraud;
  • deliberate misuse of BookBir;
  • unlawful conduct;
  • intentional property damage;
  • material breach of these Terms; or
  • infringement of another person’s legal rights.

This provision does not make a customer responsible for losses caused by BookBir, a Service Provider or another party merely because the customer used BookBir or participated in a booked activity.

  1. Complaints and Booking Support

If you experience a problem with a booking, you should contact BookBir as soon as reasonably possible so that BookBir can investigate and, where appropriate, communicate with the relevant Provider.

It is helpful to provide:

  • customer name;
  • booking reference, where available;
  • service and date;
  • description of the issue;
  • relevant photographs or documents, where appropriate;
  • payment information relevant to the transaction; and
  • the resolution you are requesting.

BookBir may need reasonable time and information to investigate a complaint.

Nothing in BookBir’s internal complaint process prevents a customer from using any consumer grievance or statutory remedy available under applicable law.

  1. Grievance Redressal

BookBir maintains a grievance-redressal mechanism for concerns relating to bookings, payments, the platform and services booked through BookBir.

Grievance Officer: Manjeet Thakur
Designation: Grievance Officer, BookBir
Email: support@bookbir.com
Phone / WhatsApp: +91 62307 48100
Address: Bir, Tehsil Baijnath, District Kangra, Himachal Pradesh – 176077, India

The Grievance Officer will acknowledge receipt of a consumer complaint within 48 hours and will endeavour to resolve the complaint within one month from the date of receipt, in accordance with applicable requirements.

Customers retain the right to approach an appropriate consumer commission, the National Consumer Helpline or another competent authority where applicable.

  1. Suspension or Refusal of Service

BookBir may refuse a new booking or restrict platform access where reasonably necessary because of:

  • suspected fraud;
  • unlawful activity;
  • abusive or threatening behaviour;
  • material misuse of BookBir;
  • security concerns;
  • repeated intentional violation of booking conditions; or
  • circumstances where providing the service would itself be unlawful.

Where an existing paid booking is affected, any payment consequences will be determined according to the circumstances, the accepted booking terms and applicable law.

  1. Relationship Between These Terms and Other Policies

These Terms should be read together with BookBir’s:

  • Booking, Cancellation & Refund Policy;
  • Privacy Policy;
  • Disclaimer;
  • applicable Service Provider or booking-specific terms; and
  • other terms expressly disclosed before a particular booking.

If provisions conflict, the following order will generally apply:

  1. mandatory applicable law;
  2. specific booking conditions disclosed and accepted before payment;
  3. BookBir’s Booking, Cancellation & Refund Policy for cancellation and refund matters; and
  4. these general Terms & Conditions.

A specific booking condition cannot remove a right that cannot lawfully be excluded.

  1. Changes to These Terms

BookBir may update these Terms to reflect changes to its services, business practices, technology or applicable requirements.

The latest version will be published with an updated date.

Changes to these general Terms will not ordinarily be used retrospectively to impose a new charge, increase an accepted cancellation charge or remove a material right already accrued under an existing confirmed booking.

An existing booking will generally remain subject to the material booking terms accepted when it was made, except where a change is required by law or expressly agreed with the customer.

Continued use of BookBir after revised Terms take effect constitutes acceptance of those Terms for future use of the platform.

  1. Governing Law and Consumer Rights

These Terms are governed by the laws of India.

Nothing in these Terms limits any mandatory rights or remedies available to a consumer under applicable law.

Any reference to a particular court or location for dispute resolution is subject to any jurisdiction or forum that a consumer is entitled to use under applicable law.

Customers may therefore use an applicable consumer commission or other competent statutory forum where legally available.

  1. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be interpreted or limited to the minimum extent necessary, where legally possible.

The remaining provisions will continue to apply.

  1. No Waiver

If BookBir does not immediately enforce a provision of these Terms, that does not automatically mean BookBir has permanently waived that provision or any related legal right.

  1. Contact Information

Business / Trading Name: BookBir
Business Structure: Sole Proprietorship
Proprietor: Manjeet Thakur
Principal Business Address: Bir, Tehsil Baijnath, District Kangra, Himachal Pradesh – 176077, India
Website: BookBir.com
Email: support@bookbir.com
Phone & WhatsApp: +91 62307 48100

  1. Acceptance

By making a booking through BookBir, you acknowledge that:

  • you have had the opportunity to review these Terms;
  • you understand that most underlying services are provided by independent Service Providers;
  • your booking is subject to the specific conditions communicated before payment;
  • adventure and outdoor activities may involve inherent risks;
  • cancellation and refunds are governed by the applicable accepted conditions and BookBir’s Booking, Cancellation & Refund Policy; and
  • nothing in these Terms removes rights or remedies that cannot lawfully be excluded.
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