LAST UPDATED 22 JUNE 2021
IF YOU ARE BOOKING A YACHTING EXPERIENCE, PLEASE ALSO READ THESE ADDITIONAL TERMS AND CONDITIONS SPECIFIC TO OUR YACHTING EXPERIENCES
PLEASE NOTE THAT THE STANDARD INFORMATION FORM ON TRAVELLER’S RIGHTS WHEN BOOKING A PACKAGE HOLIDAY IS AT THE END OF THIS DOCUMENT.
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These Booking Conditions form the basis of your booking with JusExperiences UK Ltd (trading as Trippr UK), a company registered in England with company number 12260055 and registered office address of 3 Loughborough Street, London, United Kingdom, SE11 5RB (“we”, “us”, “our”). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking (“the Lead Booker”) is made or any other person to whom a booking is added or transferred.
References to “Travel Arrangement(s)” in these Booking Conditions are to the accommodation, transport, activities, excursions and other services listed on the Pollen website. References to “Supplier/Principal” means the third party supplier of the Travel Arrangements including but not limited to accommodation providers, transfer providers, car hire companies, tour operators and attraction providers.
By making a booking, the Lead Booker agrees on behalf of all persons detailed on the booking that:
a. he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;
c. he/she is over 18 years of age (or will be by departure date of the trip) and resident in the United Kingdom and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
d. he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
Please Note: We act only as an agent in respect of all bookings we take and/or make on your behalf. However, where you make a booking of multiple Travel Arrangements in such a way as to create a package holiday, we will accept responsibility for that as a “Multi-Contract Package” in accordance with the Package Travel and Linked Travel Arrangements Regulations 2018.
When making your booking we will arrange for you to enter into a contract with the applicable Supplier/Principal (e.g. accommodation company / festival organiser / venue / activity operator) of the Arrangements, as specified on your confirmation invoice. As an agent we accept no responsibility for the acts or omissions of the Supplier/Principal or for the services provided by them. Your booking with us is subject to these Terms and Conditions and the specific terms and conditions of the relevant Supplier/Principal(s) you contract with. The Supplier/Principal’s booking conditions may limit and/or exclude the Supplier/Principal's liability to you. Please ask us for copies of these if you do not have them.
Your booking is confirmed and a contract between you and the Supplier/Principal will exist when we send you confirmation of the booking.
We endeavour to ensure that all the information and prices on our website are accurate, however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before you make your booking.
Adequate travel insurance is a condition of your booking with us. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. You should also check the cancellation cover in your insurance policy if you cannot attend a trip for certain reasons. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
We reserve the right to amend the price of confirmed Travel Arrangements within that Multi-Contract Package at any time solely to allow for increases which are a direct consequence of changes in:
(i) the price of the carriage of passengers resulting from the cost of fuel or other power sources;
(ii) the level of taxes or fees applicable to the Travel Arrangements imposed by third parties not directly involved in the performance of the Travel Arrangements, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and
(iii) the exchange rates relevant to the Travel Arrangements.
You will be charged for the amount of any increase in accordance with this clause. However, if this means that you have to pay an increase of more than 8% of the total price of the confirmed Multi-Contract Package (excluding any amendment charges and/or additional services), you will have the option of accepting the price increase and paying the requested amount, accepting a change to another Multi-Contract Package if we are able to offer one (if this is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements not forming part of your Multi-Contract Package. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date on your confirmation.
Should the price of your Multi-Contract Package go down due to the changes mentioned above then any refund due will be paid to you. Please note that you may be charged an administration fee of £50 in this instance. However, please note that Travel Arrangements are not always purchased in local currency and some apparent changes may have no impact on the price of your Multi-Contract Package due to contractual and other protection in place.
There will be no change made to the price of your confirmed Multi-ContractPackage within 20 days of your departure nor will refunds be paid during this period.
If you are paying for a Multi-Contract Package in accordance with a payment plan, please refer to our Payment Plan Terms and Conditions here.
5. Jurisdiction and Applicable Law
These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your booking will be dealt with by the Courts of England and Wales only.
6. Cutting your trip short
If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your trip and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
7. Transferring Your Multi-Contract Package Booking
If any member of your party is prevented from travelling on their Multi-Contract Package, that person(s) (transferor) may transfer their place to someone else (transferee), subject to the following conditions:
- that person is introduced by you and satisfies all the conditions applicable to the Travel Arrangements making up the Multi-Contract Package;
- we are notified not less than 7days before the date of the Multi-Contract Package;
- either you or the transferee pay any outstanding balance payment. Please note that an administration fee of £50 per person transferring as well as any additional fees, charges or other costs arising from the transfer may be charged to you;
- the transferee agrees to these Booking Conditions, the Supplier/Principal’s terms and conditions and all other requirements applicable to the Travel Arrangements making up the Multi-ContractPackage; and
- you and the transferee remain jointly and severally liable for payment of all sums.
For the avoidance of doubt, any funds paid by the transferor on their booking will be credited to the transferee’s booking, and we will not refund such funds to the transferor. If there is an outstanding balance payment which shall be paid by the transferee, the transferee shall provide their payment card details to us.
In the event that a refund is due on a booking, the funds will be paid to the original payment methods, meaning that, if applicable, the transferor and the transferee will each receive the funds that they have individually paid for that booking. Any funds paid by the transferor on a booking will be refunded to the transferor’s payment card, and any funds paid by the transferee will be refunded to the transferee’s payment card. No exceptions will be made.
If you are unable to find a replacement, cancellation charges will apply in accordance with clause 8. No refunds will be given for passengers not travelling or for unused services.
You may not transfer, distribute, resell, upload or otherwise deal with your Multi-Contract Package booking, save as expressly permitted under these Terms.
8. Changes and Cancellations by You
Any cancellation or amendment request must be sent to us in writing, by email, and will take effect at the time we receive it. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that the Supplier/Principal will meet such requests. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier/Principal of your Travel Arrangements. Any amendments and cancellations may incur cancellation or amendment charges (which may amount to 100% of the cost of the Travel Arrangements). In addition, we may charge you an administration fee of £50 per person per booking for any amendments to bookings and an administration fee of £50 for cancellations. We will notify you of the exact charges at the time of amendment or cancellation.
8.1. Group Booking: If your booking is for a group, the entire group is responsible for the price of the booking. Should one group member cancel or depart early, the rest of the group remains responsible for room occupancy cost at the original occupancy rate and any other fixed costs based on group size.
Please note: some Supplier/Principals do not allow changes and therefore full cancellation charges will apply.
9. If You Cancel your Multi-Contract Package due to Unavoidable & Extraordinary Circumstances
You have the right to cancel your confirmed Multi-Contract Package before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at the destination of your trip or its immediate vicinity and significantly affecting the performance of the Multi-Contract Package or significantly affecting transport to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any compensation.
Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Office issues advice against travel to your destination or its immediate vicinity and there is a reasonable opportunity that the Multi-Contract Package can proceed. If there is still a reasonable opportunity that the Multi-Contract Package can proceed without being impacted by “unavoidable and extraordinary” circumstances”, your right to cancel under this clause will not apply.
For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.
10. If the Supplier/Principal Changes or Cancels your Multi-Contract Package
Where you have booked a Multi-Contract Package and the Supplier/Principal makes a significant change to or cancels the Travel Arrangements which form your Multi-Contract Package, the provisions of this clause 10 will apply.
Changes: If the Supplier/Principal makes an insignificant change to your Travel Arrangements, we will make reasonable efforts to inform you as soon as reasonably possible prior to departure, if possible, but we will have no liability to you. An example of an insignificant change includes a change of accommodation to another of the same or higher standard or changes of carriers.
Occasionally the Supplier/Principal may have to make a significant change to your confirmed Travel Arrangements before your departure. Examples of a “significant change include the following:
(a) A change of accommodation area for the whole or a significant part of your time away.
(b) A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
(c) A significant change to your itinerary, missing out one or more destination entirely.
If the Supplier/Principal has to make a significant change or cancels your Travel Arrangements, we will tell you as soon as possible. If there is time to do so before your departure, we will offer you the choice of:
i (for significant changes) accepting the changed Travel Arrangements; or
ii having a refund of all monies paid; or
iii if available and where we offer one, accepting an offer of an alternative trip (we will refund any price difference if the alternative is of a lower value).
You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again we will assume that you have chosen to accept the changed Travel Arrangements or alternative Travel Arrangements.
In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances:
(a) If, where the Supplier/Principal makes a significant change, you do not accept the changed Travel Arrangements and cancel your booking;
(b) If the Supplier/Principal cancels your booking and no alternative travel arrangements are available.
The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
Period before departure within which notice of Cancellation or major change is notified to you
Compensation payable per person booking
60 days or more Nil
59 - 42 days prior to departure £10
41 - 28 days prior to departure £20
27 - 14 days prior to departure £30
Less than 14 days prior to departure £40
*IMPORTANT NOTE: We will not pay you compensation in the following circumstances:
(c) where the Supplier/Principal makes an insignificant change;
(d) where the Supplier/Principal makes a significant change or cancels your Travel Arrangements more than 60 days before departure/start date;
(e) where the Supplier/Principal makes a significant change and you accept those changed Travel Arrangements or you accept an offer of alternative Travel Arrangements;
(f) where the Supplier/Principal has to cancel your Travel Arrangements as a result of your failure to make full payment on time;
(g) where the change or cancellation by the Supplier/Principal arises out of alterations to the confirmed booking requested by you;
(h) where the Supplier/Principal is forced to cancel or change your Travel Arrangements due to Force Majeure (see clause 11).
If the Supplier/Principal becomes unable to provide a significant proportion of the Multi-Contract Package that you have booked after you have departed, we will, if possible, make alternative Travel Arrangements for you at no extra charge and where those alternative Travel Arrangements are of a lower standard, provide you with an appropriate price reduction.
11. Force Majeure
Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Force Majeure”. For the purposes of these Booking Conditions, Force Majeure means any event beyond our or a Supplier’s/Principal’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.
Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports, unavailability of certain hotels etc. This is something we will continue to monitor, and we will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since the impact of Brexit on the travel industry is still considered as uncertain, we would treat any such changes as Force Majeure, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.
12. Special Requests
Any special requests must be advised to us in writing at the time of booking e.g. diet, room location, a particular facility at a hotel etc. We will pass your request on to the Supplier/Principal but we cannot guarantee that it will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the Supplier/Principal is not confirmation that the request will be met.
13. Disabilities and Medical Problems
We are not a specialist disabled trip company but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your trip, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen Travel Arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate in your chosen Travel Arrangement.
Acting reasonably, if the Supplier/Principal is unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking on the Supplier/Principal’s behalf. If you did not give us full details of the needs of the person(s) concerned at the time of booking, we will inform the Supplier/Principal who may cancel it and impose applicable cancellation charges.
As the contract for your Travel Arrangements is between you and the Supplier/Principal, any queries or concerns about your Travel Arrangements should be addressed to them in the first instance. If you have a problem with your Travel Arrangements whilst using them, this must be reported to the Supplier/Principal immediately. If you fail to follow this procedure there will be less opportunity for the Supplier/Principal to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result.
If you wish to complain when you return home, please contact the Supplier/Principal.
If you remain unsatisfied, you can inform us, via email (using the email address given on your travel documentation) or through our website’s instant messaging service as soon as possible and, in any event, within 28 days of your return to the UK. We will endeavour to assist you in our capacity as an agent by liaising with the Supplier/Principal on your behalf.
You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint; it will not determine how your complaint should be resolved.
15. Your Behaviour
You are expected to conduct yourself in an orderly and acceptable manner and not to disrupt the enjoyment of others. You are also expected to comply with the laws and regulations of the country you are travelling to.
If in the Supplier/Principal’s opinion or in the opinion of any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, the Supplier/Principal reserves the right to terminate your booking immediately with no further liability to you. Some Suppliers such as the hotels will require one credit card per room for check-in purposes, and the hotel may require you to present such credit card details at check-in.You and/or your party may also be charged on the payment card used at check-in if loss and/or damage is caused by your actions. You and each member of your party may be jointly and severally liable for any damage or losses caused. Full payment for any such damage or losses must be paid directly to the Supplier/Principal prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us because of your actions together with all costs we incur in pursuing any claim against you.
We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
16. Our Responsibilities
(1) Where you have booked a Multi-Contract Package, we will be acting as both the package organiser and as an agent for the Supplier/Principals associated with your chosen Travel Arrangement under the Package Travel and Linked Travel Arrangements Regulations 2018. As such, we are responsible for the proper provision of all the Travel Arrangements included in your Multi-Contract Package, as set out on your confirmation invoice. Subject to these Booking Conditions, if we or the Supplier/Principals negligently perform or arrange those Travel Arrangements and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your Multi-Contract Package you may be entitled to an appropriate price reduction or compensation, or both. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which our or our employees’ or the Supplier/Principal’s negligence affected the overall enjoyment of your Multi-Contract Package. Please note that it is your responsibility to show that we or the Supplier/Principals have been negligent if you wish to make a claim against us.
(2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claims of any description if it results from:
(a) the act(s) and/or omission(s) of the person(s) affected; or
(b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services forming part of your Multi-Contract Package and which were unavoidable and extraordinary; or
(c) Force Majeure (as defined in clause 11).
(3) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(a) loss of and/or damage to any luggage or personal possessions and money,
The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
(b) Claims not falling under (a) above and which don’t involve injury, illness or death
The maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
(c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel
i) The extent of our liability will in all cases be limited as if we were carriers under the applicable Conventions, which include The Warsaw/MontrealConvention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel Travel Arrangements). In addition, you agree that, if applicable, the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. If we are arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your Multi-Contract Package booking with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this Multi-Contract Package booking.
ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you arising out of your Multi-Contract Package booking, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
iii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
(4) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our Supplier/Principal(s) strictly in accordance with the complaints procedure set out in these conditions.
(5) Where any payment is made, the person(s) receiving it must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
(6) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur; or (b) relate to any business.
(7) We will not accept responsibility for services or facilities which were not included on your booking confirmation or where they are not advertised in our brochure / on our website. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
(8) Where it is impossible for you to return to your departure point as per the agreed return date of your Multi-Contract Package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3-night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your Multi-Contract Package. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.
17. Insolvency Protection
If you book Travel Arrangements that don’t form part of a Multi-Contract Package or a Package your monies will not be financially protected. Please ask us for further details.
18. Passport, Visa and Immigration Requirements & Health Formalities
It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports.
Up to date travel advice can be obtained from the Foreign and CommonwealthOffice, please visit https://www.gov.uk/travelaware.
Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, HighCommission or Consulate of your destination or country(ies) through which you are travelling.
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
19. Prompt Assistance
If you have booked a Multi-Contract Package and whilst you are on the trip, you find yourself in difficulty for any reason we will offer you such prompt assistance as is appropriate in the circumstances. Where you require assistance that is not owing to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative Travel Arrangements or other such assistance you require. Any Supplier/Principal, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own Travel Arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
20. Foreign Office Advice
You are responsible for making yourself aware of Foreign Office advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the ForeignOffice to avoid or leave a particular country may constitute Force Majeure (see clause 11).
STANDARD INFORMATION FORM
Standard Information Form on Traveller’s Rights when booking a Package Holiday - The Package Travel and Linked Travel Arrangements Regulations 2018
Part 1: General
The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018. Therefore, you will benefit from all EU rights applying to packages. We, JusExperiences UK trading as Trippr UK, a company registered in England with company number 12260055 and registered office address of 3 Loughborough Street, London, United Kingdom, SE11 5RB will be fully responsible for the proper performance of the package asa whole. Additionally, as required by law, we have protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that we become insolvent.
More information on key rights under the Package Travel and Linked Travel Arrangements Regulations 2018 can be found below.
Part 2: Key rights under the Package Travel and Linked Travel Arrangements Regulations 2018
Part 3: Further information on the Package Travel and Linked Travel Arrangements Regulations 2018 can be found here