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Terms & Conditions

BEACH STAYS TERMS & CONDITIONS

To protect all parties involved we ask that you read the following Terms and Conditions carefully.  When you make a booking with Beach Stays Pty Ltd, these Terms and Conditions are deemed to be accepted by ALL guests.

Your booking is with Beach Stays, acting on behalf of the property owner.  Guests are granted a licence to occupy the property for the booking dates.  Only paying guests are allowed on the premises. This is not a residential tenancy agreement under residential tenancy legislation.

Failure to comply with any of the Guest’s fundamental obligations and these Terms and Conditions may result in immediate termination of the license to occupy the property, eviction, and registration with “bad guest” registers. Refunds will not be paid on terminated occupancies.

We are committed to protecting the well-being of staff along with that of customers and other visitors so far as is reasonably practicable. Where customers’ behaviour is unreasonable and abusive, we reserve the right to terminate rental agreement.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.  We will alert you about any changes by updating the “last updated” date in these Terms and Conditions and you waive any right to receive specific notice of each such change.

Please call us on (02) 9974 2108 for clarification of any terms or further information.

  1. DEFINITIONS

1.1 “Booking” means the period for which you have stayed, or intend to stay, at the property.

1.2 “Property” means the premises you have booked and includes all of the fixtures, fittings, and equipment.

1.3 “Management” means Beach Stays owners.

1.4 “Primary Guest” means the person who makes and pays for both the deposit and final payment and provides their credit card information for the security deposit/bond. Credit card payments may only be accepted from the Primary Guest. Payments from any other guest will not be accepted.

1.5 “Guests” mean any persons on the premises during the duration of the booking.

1.6. “Visitor” means a person or guest permitted to visit the property during the booking.

1.7 “Owner” means the person or persons or legal entity that owns the Property.

1.8 “Agents” means the person(s) authorised to manage all dealings with Guests on behalf of the Owner.  e.g. AirBnb.comHomeaway.com.auStayz.com.au and Bookings.com etc.

2. GUEST RESPONSIBILITY

2.1.     Payment of the rental deposit constitutes the Primary Guests’ acceptance of these Terms and Conditions.

2.2.     If a guest is booking on behalf of other people, the person booking the accommodation is responsible for the property and for ensuring all guests and visitors are aware of and abide by these Terms & Conditions. Additional information on the property and its functionality are available to guests in the properties’ House Compendium.

2.3.    You must be at least 25 years of age to book. The premises are let to the person making the booking and that person will be held responsible for the conduct of all guests who must be 25 and over unless expressly agreed to in writing. The premises are let for holiday purposes, only for the period stated on the confirmation and for the maximum persons as agreed with the agent on the booking confirmation and guest registration form.

2.4.     Our properties are strictly not available for large scale celebrations or parties, and should we become aware of a booking that is of this nature, we reserve the right to cancel the booking. Cancellation policies will apply. Examples include but are not limited to pre-wedding celebrations and end of school parties.

2.5       Guest Registration is required for all bookings. The registration process requests copies of a driver’s license and credit card. Credit card details are securely encrypted.  All adults staying at a property may be required to register.  At guest registration, you will be asked to digitally confirm your acceptance of Terms and Conditions. Full names and mobile contact for all guests is also required. Booking requires a pre-authorisation security deposit to the value of between 50%-100% of tariff to be payable. The security deposit balance is held by your banking provider and is held under their Terms and Conditions. An increased bond may be incurred for group bookings or at our sole discretion. Failure to comply and abide by these Terms and Conditions can result in immediate revocation of the Licence to Occupy without any refund of monies paid.

2.6       The property must not be used by more than the number of persons shown on the booking confirmation either to visit or stay without written approval. Without written approval additional guests should not be on the property at any point in time, including day trippers and visitors. This is a requirement of the NSW Government Code of Conduct, of which a breach carries financial penalties for yourself and the owner. Many properties have video surveillance at the front gate to enable monitoring of numbers. If unapproved additional guests/ visitors are detected Beach Stays reserves the right to ask guests to leave or evict the entire guest group at our discretion.

2.7       Use of the property for any criminal activity is prohibited and may result in fines or prosecutions. This prohibition extends to the use of the property’s internet service, if any, for criminal activity. We will cooperate with any investigation of alleged criminal activity at the property during the stay.

2.8       Upon arrival, the Guest agrees to take note of all emergency exits and equipment.

  1. PAYMENT 

3.1.     We accept Visa and MasterCard.  There is a 1.5% credit card processing fee on Visa and Mastercard.

3.2.     A deposit of 50% of the full tariff is required at the time of booking and is to be paid only by the Primary Guest. We cannot ‘hold’ the property without a 50% payment. If the arrival date is within 45 days of your booking date, the full tariff is required to secure your booking.

3.3.     If the full 50% deposit is not received, we reserve the right to re-let the property.

3.4.     The balance of the full tariff amount (50%) must be received in full, at least 45 days prior to occupancy.

3.5.     Unpaid balances will be automatically charged on the balance due date, on the credit card held on file at the time of booking.

3.6      If you have booked through an Agent website, the payment requirements and terms of this site will apply to your booking.

  1. PRE – AUTHORISATION SECURITY DEPOSIT

4.1     A pre-authorisation is a temporary hold of funds on your nominated card at time of booking, making these funds unavailable to the Primary Guest cardholder until the charge is cleared.

4.2     The held funds are usually cleared automatically by your bank between 3-7 business days following your stay if there is no reported damage to the property. Refer to your bank provider’s Terms and Conditions.

4.3     The Primary Guest responsible for the booking must register with us by returning the registration form to the office at least 14 days before check-in and to provide their credit card details and authorisation signature which will be used for the security deposit pre-authorisation.

4.4      The Guest becomes financially responsible for all damage and loss to the property and its contents from the date and time the Guest checks in, to the date and time checked out. To avoid erroneous blame, you are required to immediately notify our Beach Stays team if anything is amiss when you arrive at the property. Unless notified, the Guest is responsible for all breakages and damage caused to the property, its furniture, and fittings, and/or any consequential loss suffered by the Property Owner.

4.5       All fixtures, fittings, furniture, and appliances are assumed to be in good working order at the commencement of your stay. If any item is not in good working order at the commencement of your stay, you must notify us immediately so that the condition of the item can be recorded at that time.

4.6       Any breakages, damage/loss or injury which occur during your occupation must be either replaced to the satisfaction of the Property Owner or paid for prior to departure at an amount determined by the Property Owner at their absolute discretion. Failure to comply with this condition will result in your pre-authorisation security deposit being held until the matter is resolved.

4.7       The Guest acknowledges that properties have locked cupboards, storerooms and sheds that belong to the Owners. Tampering with locked doors will result in a charge and pre-authorisation deposit being held.

4.8     Beach Stays will securely save credit card details and reserves the right to charge the nominated credit card in matters involving the Pre Authorisation Security Bond for incidents which result in certain losses or expenses, including but not limited to: extra guests not included in the booking,  any breakages or damages incurred during the stay, deodorising to remove smoking odours, replacement keys, excess garbage, emergency call-out fees or cleaning charges in excess of the normal levels of cleaning.

4.9     Beach Stays reserves the right to debit the Primary Guest card nominated at time of booking with any extra costs above the property pre-authorisation limit if the damage or costs exceed the pre-authorisation amount.

4.10     Management will notify the Primary Guest by email prior to using any part of this credit card pre-authorisation or additional charges in excess of the pre-authorisation amount for any of the above charges.

4.11     Beach Stays has a strict policy on moving items or furniture (indoor or outdoor) within a Property, or in the case of bookings across multiple properties, from Property to Property. Movements may cause unnecessary damage to items and to the Property itself and can cause excess cleaning time due to complex housekeeping inventory checks.

4.12     Any damages/excess cleaning caused by movement of items or furniture will be deducted from the pre-authorisation security bond.

  1. NUMBER OF GUESTS

5.1.     Parties and Functions are prohibited at the properties without prior written approval.

5.2.     The number of guests staying at the property must not exceed the number stated and paid for on the booking confirmation and guest registration notice or subsequently agreed in writing by the Agent.

5.3.     No extra mattresses, bedding, tents or caravans, or more cars than the property accommodates are allowed. If a property is reported to be overloaded, the guests will be asked to vacate with no refund made. You authorise us to charge an immediate penalty for any detected overcrowding. 

  1. PROPERTY ACCESS & KEYS

6.1.     Payment of deposit deems acceptance the following terms regarding check in:
a) Our check-in time is from 3:00pm onwards, and check-out time is 10:00am unless otherwise agreed in writing. If the property is not vacated by the agreed time, extra charges will be incurred.

b) Early check-in and late check-out may be available in agreement with us (charges will apply). Requests for early check in/ late check out cannot be confirmed until 3 days prior to stay.

c) In circumstances where the property is vacated on the same day as your arrival, the check-in time may be later and will be advised by the Agent.

d) Whilst we always endeavour to have the property ready at the nominated check-in time, circumstances may sometimes cause delays. There will be no refund or credit if a property is not ready for the agreed time.

e) If you encounter an issue before, during or after your stay, contact us immediately so we can attempt to rectify the issue. We will not consider compensation unless we have been afforded the opportunity to solve the problem.  Failure to do so will void any claim for compensation.

f) Keys will be available at the Property upon arrival unless Beach Stays advise otherwise.

g) The Guest will be provided with details of the key location and/or access codes only after final payment has been made and the Guest Registration is complete. Access is sent late morning on the day of arrival for security purposes.

h) All bed linen and bath towels and mats and hand towels are provided. Beach towels and washers are not provided.

i) Loss of keys will incur a replacement charge. Should you lock yourself out or lose keys during your stay, an additional call-out fee will apply if keys need to be delivered to the property for you. If replacement keys need to be cut, key barrels need to be replaced, or in secure complexes, re-keying is required costs will be calculated based accordingly and charged to the Guest.

j) If there is a key-safe at the Property, please use it to always secure one set of keys when you leave the Property, including when you check out. If a tradesman needs to attend to any requested or agreed upon maintenance during your stay, this will ensure they can access the Property.

k)     Some of properties are equipped with exterior security cameras. Cameras are not monitored for guests’ safety in any way and should not be relied on by guests for personal security or security of their belongings. Cameras may be used to enforce and verify compliance with rental policies. Any damage, tampering or obstruction caused to cameras by guests may result in a partial or complete loss of pre-authorisation security deposit funds.

6.2    Payment of deposit deems acceptance the following terms regarding check out:

a)     Check-out times must be adhered to. The property should be left in a similar state to its condition on arrival. Please ensure all appliances, fans and air-conditioning units have been switched off, all lights have been switched off (both inside and out), all taps are turned off, no toilets are running, all garbage has been taken out, all dishes are stacked in the dishwasher and the short cycle is activated, if any outside furniture has been moved is to be returned to its original position, all blinds are down and closed, all curtains are drawn, and the BBQ has been left clean.

b) In the event of breakages, damages and lost items, Beach Stays requests that Guests contact Beach Stays to report the incident as soon as possible. Damages may be deducted from pre-authorisation security deposit (or credit card supplied if the charges are higher than the bond processed).

c) Failure to secure the property, or return keys will result in a callout fee.

7. NOISE, PARTIES & DISTURBANCES

7.1.     NSW Planning has passed laws that affect guests. The Code of Conduct for holiday renting can be found on Fair Trading website. In Section 2.5.2 of the STRA Code of Conduct, guests have an obligation to ensure the peace and comfort of neighbours and other occupants of the premises (if strata) near holiday rental properties. This means guests must be very mindful of noise made in or outside the property that can disrupt neighbours at any time of the day.

7.2       Disturbance to our neighbours, including excessive noise, is prohibited and may result in termination of rental. If your behaviour or that of your guests causes damage, danger or annoyance, we reserve the right to ask you to vacate the property immediately and is treated as a cancellation of booking with no refund. Any offence requiring Private Security Personnel will forfeit their pre-authorisation security amount. Security A $500 charge will be taken from guest bond for a credible noise complaint and/or police called to property during or after your stay.

7.3    No music should be played outside of the house and any noise must be kept to a minimum with all bass frequencies turned down. No sound equipment or DJ desks are permitted at the property. Offensive noise or language is prohibited and may result in termination of permission to occupy the property, eviction, loss of rental paid, and extra charges for security and other expenses which may be deducted from your Security Deposit under these Terms & Conditions. In the event of a disturbance or complaint, we will attempt to contact the Primary Guest or other registered guest on the booking to request that the disturbance cease. In the event that we are unable to reach a registered, a member of Management or security will visit the property at your cost.

7.4       If a second security call-out is received at any time during a Guest’s stay, all Guests at the premises will be evicted from the premises by security without refund of rent or security deposit.

7.5       We have a strict no party policy. All parties, get togethers and events are prohibited without written approval.  As a duty of care to our properties and Owners and neighbours, Beach Stays reserves the right to refuse any bookings that are determined to be inappropriate.

7.6       Under no circumstances are the following activities permitted: unnecessary use of fire extinguisher, use of motorbikes; dirt bikes; quad bikes; use of firearms; air rifles; fireworks, or any fire related activities other than those that are fixtures at the property.

  1. SMOKING

8.1.     All Beach Stays properties are non-smoking properties and are equipped with regulation smoke alarms. Please do not discard butts ANYWHERE at the property including lawns and gardens. Odours in the property caused by smoking will attract an additional deodorising fee. Discarding cigarette butts in a rural area has the potential to ignite fires.

  1. FIRES

9.1.     All local councils has strict fire regulations and guidelines, and exercises a complete fire ban during the warmer months. Please do not under any circumstances and at any time, light any type of fires outside of any property, e.g. live flame BBQ’s (e.g. Webers), spit-roasts, bonfires, fire-pits, campfires, fireworks and cigarette butts.

9.2       Guests must uphold local fire bans laws and regulations.

  1. CHILDREN & INFANTS

10.1.   Due to proximity to water on some of our properties, constant visual supervision of children is required at all times. Children and infants must be kept at arms-length near water. Be advised that there are pools at many Beach Stays properties so please ensure your children are always supervised.

10.2.   Please supervise children and infants when outside utilising any equipment. Management will not accept any liability of any injury, permanent disability or death of any children and infants at the property.

10.3.   Children, under no circumstances, are to be left unsupervised by an adult at the property.

10.4     It is the responsibility of the guest to ensure the working order and determine suitable and age-appropriate use of any child/ infant related equipment such as high chairs and cots.

  1. PETS

11.1     Many of our properties are NOT Pet Friendly, unless stated otherwise. Select Beach Stays properties are pet friendly. Pets are only permitted at pet-friendly properties and only if pre-arranged with, and approved by, Beach Stays.  There is a pet charge of $30 per pet per day.

11.2     If evidence of a pet is discovered without approval or at a non-pet-friendly property, you will be charged for steam cleaning of carpets, furniture, and mess left by the pet/s, plus our standard pet charge for the duration of the stay.

11.3 If you have been granted written permission to bring your pet,  please note the following:
–           Please bring own pet bedding and food/water bowls;
–           Please clean up and dispose of pet droppings;
–           Pets must not be on sofas and bedding;
–           Any repairs or cleaning required due to evidence of pets being inside, or creating any damage to the property, will be charged to the Primary Guests security deposit.

11.4     Pets must not be left unattended as excessive barking may result in complaints from neighbours. If noise complaints are received, and the pet cannot be quieted, Guests will be required to remove the pet from the Property at their own expense.

11.5     Additional cleaning charges may apply if pet hair, urine, fleas or any evidence (including smell) of the pet be left behind when Guests leave. It is advised for pets to wear tick/flea collars to avoid bringing or picking up ticks/fleas to/from the area.

11.6      Management will not accept liability of any pets or animals at the property. Beach Stays accepts no responsibility for death of, loss of, injury or sickness to pets during the accommodation period – full and sole responsibility for the pet and its actions lie with the pet Owner and upon acceptance of terms and conditions the Guest agrees that no legal action (including payment of veterinary accounts) will be taken against the landlord and that no discussion will be entered.

  1. CANCELLATIONS AND VARIATIONS

12.1 We advise all guests to consider taking out travel insurance to cover any changes to their existing travel arrangements.

12.2 Bookings cancelled prior to 90 days of arrival date will be refunded less merchant fees and a $220 cancellation fee.

12.3 Bookings cancelled within 61 – 89 days from arrival date will be provided a Credit note for monies paid to date less merchant fees, to be used at the same property within a 12 months window from date of issue. Please note credit vouchers cannot be extended past the 12 months from date of issue and cannot be used on a public holiday. They may not be reissued once the replacement booking has been made.

12.4 If cancellation falls within 60 days from the arrival date no monies paid will be refunded.

12.5 Credit vouchers issued must be used for the same property and once booked, cannot be moved or cancelled. Credit voucher cancellations forfeit all monies paid on initial deposit of the original booking. Re-booking of the same house using a credit voucher is subject to property availability.

12.6 If cancellation is agreed there is a cancellation fee of $220.00. Cancellation requests must be made in writing.

12.7 We reserve the right to cancel any booking if we deem the group to be not suited to a particular property or if the booking is in breach of any of our Terms and Conditions.

12.8   Please note that if your booking is found to be in breach of our Terms and Conditions, you will lose all monies paid.

12.9 In the unlikely event of the property being unavailable or out of order due to unforeseen service needs, or damage or through the sale of the property, we reserve the right to cancel at any time without notice in the event of these special circumstances. In this case, you will receive a full refund, or we will endeavour to find alternative accommodation for you.

12.10   No responsibility or refunds for alleged misrepresentation can be accepted. Please choose your property carefully using the information provided on our comprehensive website. There is no provision to change properties on your arrival if you are unhappy with your choice. (Other than on the basis that the full rental due be forfeited and full rental on new premises is paid prior to occupancy).

12.11   Property tariffs may change online at any time without notice. The tariff at time of booking will uphold.

12.12   If a Guest shortens their stay or reduces guest numbers the unused portion of the stay or property is not refundable.

  1. EVENTS OUTSIDE OUR CONTROL

13.1.   Beach Stays reserves the right to move your booking due to circumstances beyond our control.

13.2   Beach Stays do not issue refunds for items we have no control over such as power outages, flooding, lightning strikes, fires and other unforeseen circumstances.

13.3     Wildlife is common in regional and coastal areas. Beach Stays and/or the Owner do not accept liability, nor will any compensation be offered for the unfortunate or seasonal visits of any wildlife including, but not limited to, rodents, insects, cockroaches, kangaroos, birds, snakes etc.

13.4     Regarding repairs and appliances in some instances immediate repairs may be beyond our control, and NO responsibility is accepted by the agent for these circumstances. No recompense will be negotiated due to the failure of any services, equipment or other contents provided at the premises. Any problems that arise during the rental period that do not constitute an emergency as determined by the Agent, will be remedied at any time during or after the rental period, at the sole discretion of Beach Stays. No refund, compensation or guarantees are given.

13.5     Many of the holiday accommodation properties are situated in suburban locations where, from time to time, there may be building/construction on houses within the nearby vicinity of the Property booked. Beach Stays takes no responsibility for any issues relating to noise on neighbouring properties. Beach Stays and/or the Owner do not accept liability, nor will any compensation be offered for these circumstances.

13.6     Power Outages by third party suppliers may occur during your stay and are beyond our control, Beach Stays do not accept liability nor will any compensation be offered for these circumstances.

13.7     Beach Stays and/or the Owner do not accept liability nor will any compensation be offered for closure of communal facilities in Strata managed complexes such as lifts, swimming pools and communal BBQ’s beyond our control.

  1. AFTER HOURS/ SERVICE CALL OUTS

14.1.   Guests who require after-hours service are to call our after-hours contact number on 99742108 and leave a message with our after hours team. You will be contacted with a resolution by our after-hours staff as soon as possible.

14.2   If a member of our maintenance staff is required for onsite assistance outside of our normal trading hours from Monday to Friday 9am – 5pm, that is the result of loss of keys, lockout of accommodation or any issue that arises that is not the responsibility or fault of Beach Stays, a call out fee of $150 will be deducted from your security deposit.

14.3     The Guest agrees to allow the Agent or his nominee to enter accommodation to arrange necessary repairs.

  1. LOSS OR INJURY AND INDEMNITY

15.1.   We accept no responsibility whatsoever for loss or damage of any property, or personal injury, or death of any occupant, guest or invitee of any such occupant, and they each exclude all liability to the maximum extent permitted by law.

15.2.   We accept no responsibility for the guests’ personal property. If the property is left at the houses and needs to be returned, this will be done at the guests’ costs. Guests are responsible for keeping the property secure during their stay and guests will be responsible for any theft or damage during their stay. Any property left behind can be sent to you by Australia Post and will incur a minimum $50 charge to cover packaging, time and postage. If the item is large, we suggest you arrange for collection.  Items of low value will be disposed of within 7 days.

15.3     Beach Stays and/or the property owner or host do not accept liability for any loss, before, during or after a booking relating to events out of our control such as delays whilst the guest is travelling to the property, flight delays, weather events during the stay etc and no refund will be offered under these circumstances, you will agree to accept this as final resolution.

  1. PERSONAL INFORMATION AND PRIVACY POLICY

16.1.   The personal information obtained from this website is used, where you have so requested, to provide products and services to you, to provide you with information and to send newsletters or other communications to you.

16.2.   Beach Stays may use your personal information for direct marketing or promotional activities. However, if we do undertake such activities, you will be provided with an opportunity when first contacted to decline to receive any further communications from us.

16.3.   We do not pass guest details on to any third parties or external entities.

  1. QUOTING POLICY

17.1.   All quotes received from us are valid for a period of 7 days only. All our tariffs are published on our own website. If you are provided with an incorrect quote from our staff, we reserve the right to adjust the quote to the published tariff. Rates may increase for concert or event weekends and/or maximum house numbers may be applied.

17.2.   All estimated quotes from third party websites are based on standard tariffs for minimum guest numbers. Final quotes for any properties must be from the Beach Stays Reservations team.

  1. TELEPHONE & INTERNET

18.1.   The Beach Stays properties have mobile coverage and access to the internet however service can vary from time to time depending on usage and services in the area.

18.2 If the Property has an internet connection (wired or wireless) the connectivity during your stay is not guaranteed and may be disrupted or unavailable. This also applies to TV/Austar/Foxtel type services. Reception can be unreliable. Depending on the location of the Property there may be a weak signal strength.

18.3 The Guest will not hold Beach Stays or the Owner liable for any disruption to these services.

  1. PARKING, VEHICLES & VEHICLE ACCESS

19.1.   Where parking is available, all vehicles must be parked in the designated parking areas and not on the grass or lawns. Many properties offer free street parking.

19.2.   Vehicles (including motorbikes) are not permitted to drive off designated roads e.g. onto lawns, paddocks, fields, bush tracks or fire trails.

19.3.   No alternative accommodation of any kind is permitted. This includes, but is not limited to, motorhomes, camper-trailers, caravans, tents or swags. Vehicles that provide accommodation cannot be used instead of, or in addition to, beds provided at the property.

20ACCESS

20.1     Beach Stays and/or its representatives reserve the right to enter the property at any time, without notice, to protect and/or undertake maintenance of the property. We will provide notice to the guests wherever possible.

  1. BAD BOOKS REGISTER/TRAVELLER FEEDBACK

21.1     Beach Stays enforce the Code of Conduct as stipulated by Fair Trading. By making this booking, you hereby agree that if you or any occupant covered by this booking breaches our terms and conditions, your name, phone number, home address and email address as well as details of the breach/es may be registered with this organisation or any other organisation offering a register for holiday rental travellers. Traveller feedback may also be entered onto the applicable online portals. Beach Stays reserve the right to refuse or cancel a booking where a guest is known to have received negative feedback from other booking sites.

  1. POOL USAGE

22.1     Any of our pool, spa or other house facilities are only for use by guests residing at the property. If the property has a swimming pool/spa, it must not be used between the hours of 10.00pm and 7.00am. Please ensure that the water levels do not drop below the filter box level on the pool or spa as this can damage the pump motor. Please do not take any glassware into pool and spa areas. Please ensure that children are supervised at all times when using any pool and/or spa.

22.2     Please note that any houses with pools may close for the winter season from May to September each year (subject to change due to the weather). During this period, the pools are only serviced for the winter closures and not for swimming.

23. RUBBISH COLLECTION

23.1 Garbage Bins are provided with all properties. Beach Stays request Guests put all rubbish in the appropriate bins provided outside no later than the night before collection.

23.2 The bin lids must be able to close for the collection.

23.3 If the bins are not put out or if there is excess rubbish upon check out, a private contractor will be organised to empty the bins and charges will be deducted from the security deposit.

23.4 Recycling bins are checked before each arrival and after each departure. Contaminated bins will not be collected, and a private contractor will be organised to remove the bin contents and charges will be deducted from the security deposit.

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