Mama Shelter

General Terms and Conditions of Sale

Preliminary Clause - Definitions

For the purposes hereof, the terms below will have the following meaning:

"MAMA SHELTER"
Simplified Joint Stock Company MAMA SHELTER, with share capital of €1,500,000, registered with the Paris Trade & Companies under no. B 498 495 472, whose Registered Office is located in Paris (75020) at 109 Rue de Bagnolet.

"Acknowledgement of Receipt"
E-mail message sent by MAMA SHELTER to the Customer in step 5 of the reservation process, summarising the reservation validated by the Customer and confirming its receipt by the reservation site www.mamashelter.com.

"Reservation Confirmation"
An electronic document, following the reservation process and its validation by the Customer, summarising the features of the Services reserved by the customer via Internet on the Website and used by the Customer to enter his or her bank card number for an online payment or a guarantee before proceeding with its final validation.

"Residential Hotel Contract"
Contract pertaining to the residential hotel’s provision of all of the Services defined hereinafter and actually ordered by the Customer after the validation of his or her reservation online.

"Customer"
A private individual acting for his or her own personal or professional needs, but unrelated to the hotel business, wishing to reserve one or more rooms in the residential hotel with, where applicable, one or more supplementary services and other services defined hereinafter.

"E-mail"
Any message in text, voice, sound, or image form sent through a public communication network and stored on a network server or within the intended recipient’s terminal equipment until the recipient retrieves it.

"Reservation Request"
A request to reserve one or more rooms in the residential hotel submitted by the Customer through mobile services or by Internet.

"i-mode"
All services and protocols allowing portable telephones to connect to the Internet and permitting, in particular, the consultation and reservation of Services provided by MAMA SHELTER.

"Partners"
Service providers accessible from www.mamashelter.com, particularly tour operators, car rental companies, and train or airline ticket providers.

"Online Reservation"
Reservation for rooms in the residence hotel and for any incidental supplementary services made using the electronic reservation form on the MAMA SHELTER Website accessible at www.mamashelter.com and especially on the pages opened by clicking the "Reserve" button.

"Reservation by telephone/fax/E-mail"
Reservation for rooms in the residence hotel and for any incidental supplementary services through a telephone call made by the Customer/with a fax sent by the Customer/with an E-mail sent by the Customer based upon the reservation booking process, as described in these general terms and conditions of sale:

By telephone call to the reservation centre at (00 33) (0)1 43 48 48 48

By fax to the reservation centre at (00 33) (0)1 43 48 49 49

By E-mail to paris@mamashelter.com

"Residence Hotel"
The residence hotel containing the rooms and apartments offered for reservation at www.mamashelter.com as well as a restaurant and other accommodations located at 109-111-115 rue de Bagnolet in Paris.

"Services"
Services marketed by MAMA SHELTER consisting of, as part of a residence hotel contract, the provision of rooms or apartments in the residence hotel having the main features presented at www.mamashelter.com with or without meal and/or breakfast services and other supplementary services related to temporary accommodation as well as artistic events and other entertainment. These Services, delivered in accordance with the provisions of Article L. 111-1 of the French Consumer Code, appear respectively at www.mamashelter.com and particularly in the following sections: "EAT, SLEEP, HAVE FUN, SERVICES"

"Web site"
electronic service used by MAMA SHELTER on the Internet, accessible at www.mamashelter.com.
"WAP"
communication protocol intended to permit access to the Internet through a mobile terminal.

Clause 1 Scope of Application

1.1 Scope

1.1.1. These General Terms and Conditions apply, without restriction or reservation, to all Services offered at www.mamashelter.com by MAMA SHELTER operating the aforementioned site particularly for the purposes of reservations of rooms and other supplementary services related to temporary accommodation in the Residence Hotel.

1.1.2. These General Terms and Conditions apply to all operations for purchasing the Services defined hereinabove by any person defined as a Customer.

1.2 Territory
The Services appearing on this Web site are offered in order to be provided to the Customer by MAMA SHELTER in the Residence Hotel, excluding any other location after an actual reservation is made by the Customer.

1.3 Term

1.3.1. These General Terms and Conditions will remain in effect and the rates indicated herein pertaining to accommodation and supplementary services will be valid under the terms specified hereinafter in points 5 and 6.

1.3.2. These General Terms and Conditions will apply for as long as the Services are maintained online by MAMA SHELTER at www.mamashelter.com.

1.3.3. MAMA SHELTER reserves the right, without prior notice or compensation, to shut down the Web site www.mamashelter.com or the Online reservation section temporarily or permanently.

1.3.4. MAMA SHELTER is not responsible for damages of any nature that may result from these changes and/or temporary unavailability or even the permanent shutdown of all or part of the site or Services associated therewith, such as the Online reservation section.

1.4 Legal framework

1.4.1. These General Terms and Conditions are subject to the provisions specified in Articles L. 121-16 to L. 121-20-15 of the French Consumer Code, excluding the provisions of Articles L. 121-20-8 to L. 121-20-14 of the same Code.

1.4.2. Accordingly, any reservation for the consumption of the Services defined hereinabove made on the Web site is subject to these General and Special Terms and Conditions of pricing for each of said MAMA SHELTER Services appearing hereinafter.

1.5. Purpose

1.5.1. These General Terms and Conditions define the rights and obligations of the parties with regard to the remote reservation of Services offered by MAMA SHELTER on its Web site www.mamashelter.com.

1.5.2. They govern all of the steps necessary for making a reservation and tracking the reservation between the contracting parties, maintaining it, and its validity.

Clause 2 Ability and Acceptance of the Customer

2.1. Any Customer acknowledges having the ability to enter into a contract under the terms defined in the General Terms and Conditions presented hereinafter, i.e. being of legal age and not being under guardianship or trusteeship. However, the Management of the Residence Hotel reserves the right to request from the Customer, upon his or her arrival at the Residence Hotel, a form of identification indicating, in particular, his or her birth date.

2.2. The Customer acknowledges that these Terms and Conditions are integral parts of the Residence Hotel Contract.

2.3. The Customer accepts that the General Terms and Conditions, the contractual documents informing the Customer of the Services and special rates for each of the Services, as well as the order forms and procedures for ordering are presented online at www.mamashelter.com for the purposes of entering into the Resident Hotel Contract.

2.4. The customer acknowledges having obtained all of the necessary information from MAMA SHELTER at www.mamashelter.com.

2.5. The Customer acknowledges having read these General Terms and Conditions, accepted them as well as all of the terms of the offer before placing his or her order, and accepted all of the terms.

2.6. The act of ordering Services on this MAMA SHELTER Web site by a private individual or legal entity implies full acceptance of these General Terms and Conditions, which is expressly acknowledged by the Customer, who particularly waives any right to invoke any contradictory document, which would then be unenforceable against MAMA SHELTER.

2.7. Any reservation made at www.mamashelter.com implies consultation and acceptance of these General Terms and Conditions.

2.8. The Customer’s approval of these General Terms and Conditions occurs upon making a reservation; no reservation is possible without this approval given according to a system dedicated to this purpose during the reservation process and before the validation of the reservation by the Customer.

2.9. Prior to ordering Services, the Customer declares that the reservation of these Services is made for his or her own personal or professional needs. As a consumer, the Customer has specific rights, which may be challenged in the event that the reserved Services are not reserved for personal purposes.

2.10. The Customer may save and print these General Terms and Conditions from www.mamashelter.com by using the standard functionalities of his or her browser and/or computer.

2.11. The Customer expressly accepts that the entry of the required banking information as well as the acceptance of these General Terms and Conditions and that the validation of the form or the reservation request, particularly by clicking on the "valider/confirm booking" button during step 4 of the reservation process as indicated in clause 4.2.5, constitutes an electronic signature, which has the same value between the parties as a handwritten signature.

Clause 3 Contents of the Site www.mamashelter.com

3.1. The site mentions the following information:

- The precise identification of MAMA SHELTER, indicating its corporate name, the address where it is established, its E-mail address, its telephone number, its registered office, whether it is subject to value-added tax and identified by an individual identification number, its individual identification number, the member State in which this number was granted, and, if it is different, the address of the establishment responsible for the offer.

- The main features of the offered accommodations (the charts for each room or apartment category can be consulted without a reservation in the "SLEEP" section, during the reservation process under the room availability calendar, and during the selection of the room based on the dates selected by the Customer for his or her reservation, including a photograph of a room with the rate, with the understanding, however, that THE PHOTOS ARE NOT CONTRACTUAL, since all rooms differ in size.

- The price of each of the Services related to the accommodations and supplementary services.- The payment terms.- The General Terms and Conditions of sale or service delivery.- The duration of validity of the offer and the price thereof.- The minimum term of the proposed contract, where applicable.- The existence of a right of revocation and any limits thereof or, in the event that this right does not apply, the absence of a right of revocation.3.2. All information accessible at www.mamashelter.com is presented in French and English as well as, solely for the reservation process, German.

Clause 4 Reservation

4.1. Online reservation procedures

4.1.1. The Customer chooses the Services presented at www.mamashelter.com, which offers the Customer the possibility of reserving a room or apartment in the Residence Hotel, according to the transparent contractual rates with or without supplementary options or services left for the Customer to purchase freely.

4.1.2. The Customer acknowledges having become familiar with the nature, purpose, and procedures for reserving Services available on the Web site and having sought and obtained any necessary and/or additional information in order to complete his or her reservation with full knowledge of the facts.

4.1.3. The Customer is solely responsible for his or her choice of Services and their appropriateness for his or her needs so that MAMA SHELTER cannot be held responsible in this regard.

4.1.4. The reservation is considered accepted by the Customer following the reservation process by clicking on the "valider/confirm booking" field at the end of step 4 of the reservation process as described hereinafter.

4.2. Online Reservation process

4.2.1. Reservations are made by the customer by using the electronic reservation form accessible online at www.mamashelter.com.

4.2.2. The reservation is considered made upon the confirmation of the reservation by MAMA SHELTER or at the time of the online payment by bank card under the terms set out in clause 4.2.5.

4.2.3. The Customer undertakes to fill in the information requested on the form or reservation request prior to making any reservation.

4.2.4. The Customer vouches for the veracity and accuracy of the transmitted information.

4.2.5. The reservation procedure, secured under the terms of clause 9 hereinafter, includes the following steps in particular:

1. Step 1 – "choisissez votre date/choose your date": search for room availability after the Customer has selected and entered his or her dates for accommodation at the Residence Hotel, with the understanding that for certain rates, the number of nights of accommodation in the residence hotel may be capped, with possible consultation of the availabilities of the various rates according to the calendar accessible on this page.

2. Step 2 – "choisissez votre chambre/choose your room and rate": selection of the room from among those presented as being available on the date chosen by the Customer in step 1, based on their main features and rates indicated on this page of the Web site containing, in particular, information on whether there is a right to cancel and the requirement of either a security deposit or an online payment, with the possibility for the Customer to view a photograph of a room in the same category, without prejudice to the provisions of clauses 3.1 and 8.2, before making his or her choice.

3. Step 3 – "choisissez vos extras/choose your extras": possible purchase of supplementary services to the reservation of the room by the Customer according to their features and rates indicated on this page of the Web site, particularly the breakfast buffet, a parking space, or a late/superlate check-out.

4. Step 4 – "entrez vos informations/enter your details": summary of the details of the reservation pertaining to the accommodation and any supplementary services, its total price, the terms of pricing, guarantee, and payment applicable in the case of Online Reservation of the room chosen by the Customer, particularly regarding the right to cancel and the payment of a security deposit, the requirement for an online payment, information from the Customer about his or her identity, his or her contact information, and the type of accommodation, as well as the payment method and the information for the bank card used for the online payment or security deposit, acceptance of these General Terms and Conditions, and validation by the Customer of his or her reservation by clicking on "valider/confirm booking" at the bottom of the page.

5. Step 5 – "confirmez/confirmation": recording by MAMA SHELTER of the reservation made by the Customer and allocation of a Reservation Confirmation number.

4.2.6. The reservation procedure may also be preceded by consultation of the room availability calendar in step 2 of the reservation process according to their features, their rates, and the specific contractual terms, as indicated on the Web site in real time.

4.3. Formation of the online Contract

4.3.1. In accordance with clause 2.11, the Residence Hotel Contract is formed once the Customer clicks on the "valider/confirm booking" button for the completion of step 4 of the Reservation Process, which leads to, in step 5, the recording of his or her reservation and the related reference number as stated in clause 4.3.3.

4.3.2. The formation of the Residence Hotel Contract can only occur after the Customer has previously chosen the contents of his or her reservation, fully summarised in step 4, after the Customer has accepted these General Terms and Conditions, and lastly after the Customer has validated his or her reservation by clicking on the "valider/confirm booking" button. Otherwise, the reservation is considered cancelled and cannot produce any effect.

4.3.3. In all cases, after the formation of the contract, in step 5 of the Reservation Process, the Customer will receive a summary E-mail message of the booking of his or her reservation at the E-mail address that he or she indicated in the field in step 4, consisting of an Acknowledgement of Receipt of the reservation, summarising the terms of the contract, the reserved Services, the prices, and the pricing terms related to the selected rate, information related to after-sales services and commercial guarantees if they exist, the methods for exercising the right of revocation or cancellation, as well as the address of the MAMA SHELTER residence hotel where customers may present their claims.

4.4. Other reservation methods (excluding "online")

4.4.1. Reservation by telephone

4.4.1.1. A Reservation by telephone, as defined hereinabove, is made at the number indicated in the preliminary clause of these General Terms and Conditions of sale by the Customer making a reservation request.

4.4.1.2. At the time of the Reservation Request made by telephone by the Customer, MAMA SHELTER offers the available rates and related supplementary services based on the Customer’s request on his or her desired dates. MAMA SHELTER also requests a fax number or an E-mail address where MAMA SHELTER will send to the Customer these General Terms and Conditions of sale as well as the summary of his or her Reservation Request and, where applicable, the request for bank information for the purposes of booking his or her reservation, with or without payment during the Reservation Process of the price, a partial payment, or the security deposit based on the applicable rate determined by the Customer at the time of his or her Reservation Request.

4.4.1.3. All of the information and terms required by MAMA SHELTER and these formal requirements, defined in clause 4.4.1.2, in response to the Customer’s reservation request by telephone, constitute formalities essential for booking the Customer’s reservation made by telephone. Should the Customer having made a Reservation Request by telephone fail to satisfy the requirements set out in clause 4.4.1.2, by sending at least the information required by MAMA SHELTER by fax or E-mail, the Customer may not complain about the failure to book his or her reservation, as the Residence Hotel Contract is not formed because of his or her failure to supply this information and comply with these terms. Only the written confirmation of the booked reservation and possibly, depending on the rate, the collection of the price or the partial payment will mean that the contract has been entered into.

4.4.1.4. Notwithstanding clause 4.4.1.3, if the Customer is physically unable to send a fax or E-mail, as required in clause 4.4.1.3, and review these General Terms and Conditions of sale appearing online at www.mamashelter.com, the Customer must then, for the purposes of having his or her reservation booked by MAMA SHELTER, provide by telephone an E-mail address or a fax number as well as his or her bank information for the purposes of online payment of the price, a partial payment, or the security deposit, based on the applicable price determined by the Customer at the time of his or her Reservation Request. In this case, the Customer is verbally reminded by the MAMA SHELTER telephone reservation centre, in advance of his or her communication of bank information, not only the characteristic elements of his or her reservation, the date of the accommodations, the applicable rate, as well as the terms of payment and cancellation of the reserved rate, as provided for in clauses 5 and 4.5 hereof respectively, in such a way that the Customer may not complain in any way whatsoever about the application of these provisions. A reminder of this information and these terms will also be given when MAMA SHELTER sends the confirmation of the Customer’s reservation to the E-mail address or the fax number provided by the Customer.

4.4.2. Reservation by fax

4.4.2.1. A Reservation by fax, as defined hereinabove, is made at the fax number indicated in the preliminary clause of these General Terms and Conditions of sale by the Customer making a Reservation Request.

4.4.2.2. At the time of the Reservation Request made by fax by the Customer, MAMA SHELTER offers, by return fax to the number used to send the reservation request, the available rates and related supplementary services based on the Customer’s request on his or her desired dates. With the same return fax, MAMA SHELTER sends to the Customer these General Terms and Conditions of sale as well as the summary of his or her Reservation Request, and, where applicable, the request for bank information for the purposes of booking his or her reservation, with or without payment during the reservation process of the price, a partial payment, or the security deposit, based on the applicable rate determined by the Customer at the time of his or her Reservation Request.

4.4.2.3. All of the information and terms required by MAMA SHELTER and these formal requirements, defined in clause 4.4.2.3, in response to the Customer’s Reservation Request by fax, constitute formalities essential for booking the Customer’s reservation made by fax. Should the Customer who made a Reservation Request by fax fail to fulfil the requirements set out in clause 4.4.2.2, by sending at least the information required by MAMA SHELTER by fax or E-mail, the Customer may not complain about the failure to book his or her reservation, as the Residence Hotel Contract is not formed because of his or her failure to supply this information and comply with these terms. Only the written confirmation of the booked reservation and possibly, depending on the rate, the collection of the price or the partial payment will mean that the contract has been entered into.

4.4.3. Reservation by E-mail

4.4.3.1. A Reservation by E-mail, as defined hereinabove, is made to the E-mail address indicated in the preliminary clause of these general terms and conditions of sale by the Customer making a reservation request.

4.4.3.2. At the time of the Reservation Request made by E-mail by the Customer, MAMA SHELTER offers, by return E-mail to the E-mail address used to send the reservation request, the available rates and related supplementary services based on the Customer’s request on his or her desired dates. With the same return E-mail, MAMA SHELTER sends to the Customer these General Terms and Conditions of sale as well as the summary of his or her Reservation Request, and, where applicable, the request for bank information for the purposes of booking his or her reservation, with or without payment during the reservation process of the price, a partial payment, or the security deposit, based on the applicable rate determined by the Customer at the time of his or her Reservation Request.

4.4.3.3. All of the information and terms required by MAMA SHELTER and these formal requirements, defined in clause 4.4.3.2, in response to the Customer’s Reservation request by E-mail, constitute formalities essential for booking the Customer’s Reservation made by E-mail. Should the Customer who made a Reservation Request by E-mail fail to fulfil the requirements set out in clause 4.4.3.2, by sending at least the information required by MAMA SHELTER by fax or E-mail, the Customer may not complain about the failure to book his or her reservation, as the Residence Hotel Contract is not formed because of his or her failure to supply this information and comply with these terms. Only the written confirmation of the booked reservation and possibly, depending on the rate, the collection of the price or the partial payment will mean that the contract has been entered into.

4.5 Right of Revocation / Cancellation by the Customer:

4.5.1. The Customer is hereby reminded, in accordance with Article L. 121-20-4 of the French Consumer Code, that he or she does not have the right of revocation as provided for in L. 121-20 for the French Consumer Code, since the Services are provided on a date or according to a determined frequency.

4.5.2. Without prejudice to the provisions set out in clause 4.5.1, the contractual Terms and Conditions may, where applicable, provide for, based on the contents of the reservation validated by the Customer and as indicated for each rate, a right of cancellation distinct from the legal right of revocation when his or her reservation is made with the wording "Tarifs flexibles / Flexible rate". In this case, the Customer was able to review, starting from step 2 of the reservation process, his her or right of cancellation and the related contractual Terms and Conditions, of which he or she was reminded again in step 4 before the validation of his or her reservation and also during the booking of his or her reservation in the Acknowledgement of Receipt of his or her reservation, as stated in clause 4.5.3.

4.5.3. If the special pricing terms and conditions permit it, either for only reservations made with the wording "Tarifs flexibles/Flexible rate" or with other wording expressly mentioning the benefit of this right of cancellation, the implementation of the right of cancellation by the Customer must be exercised at least 48 hours in advance, before midnight (in Paris, France) to avoid incurring cancellation fees equal to one night of accommodation, plus any extras appearing in the Customer’s reservation, according to the applicable rate in the reservation validated by the Customer in step 4 of the Reservation Process.

4.5.4. The right of cancellation defined in clause 4.5.2, under condition of compliance with the provisions of clause 4.5.2, is implemented by the Customer on the Web site, using the "annulations/cancellations" button in the "réserver/reserve" section, which takes the Customer to the page dedicated to this purpose where the Customer must take the following steps in order to effectively exercise his or her right:

1. Step 1 – "localiser la réservation à annuler/locate reservation to cancel": the Customer of the residence hotel provides his or her Reservation Confirmation number and surname.

2. Step 2 – "identifier les chambres à annuler/identify room(s) to cancel": the Customer identifies the room(s) to be cancelled and any supplementary services ordered at the time of the reservation.

3. Step 3 – "confirmation" the Customer validates the cancellation of his or her reservation, with a cancellation number being allocated to the Customer after the validation of the cancellation.

4.5.4. Reservations with payment during the Reservation Process offered particularly with the wording "offres spéciales, tarifs promotionnels, packages Rack/Hot Deal, Promotions, Best available rate, Packages and rack rates" may not be modified or cancelled. Any sums paid will not be refunded or exchanged. In this case, this is mentioned in the special pricing terms during the Reservation Process and before any validation by the Customer.

4.5.5. In case of interruption of the stay at the residence hotel, the full agreed price will be collected without any right to refund or any credit memo or exchange for the Customer for the unused portion of the stay in the residence hotel. In the case of a reservation with payment during the reservation process, no refund will be granted.

4.5.6. Unless expressly otherwise stipulated, particularly in the case of a purchase of related extras, the customer must leave the room before 12:00 p.m. on the day of the end of the reservation. Otherwise, the Customer will be billed for an additional night.

4.5.7. Without prejudice to the application of the right of cancellation under the terms and conditions of clause 4.5 for "Tarifs flexibles/Flexible rate", any failure by the Customer to come to the residence hotel or "no show" (réservation non annulée – client non présent) to take possession of the room that he or she reserved implies cancellation of his or her reservation in its entirety. The reserved night(s) will be released, and all costs related to the reserved accommodations will automatically be payable, including all reserved nights and extras, without any right to refund for the Customer.

4.5.8. Regarding the other reservation methods, i.e. for Reservations made by telephone, fax, or E-mail under the terms and conditions provided for in Articles 4.4.1, 4.4.2, and 4.4.3, the Customer may only exercise his or her right of cancellation, if it exists, within the limit provided for in this clause 4.5 and subject to sending at least a fax or E-mail to this effect to MAMA SHELTER under the same time limit requirements as for reservations made online.

Clause 5 Rates/Prices

5.1. The prices related to the reservation of Services are indicated before and during the Reservation Process. The prices are valid in real time and are displayed during the Reservation Process beginning in step 2, as described in clause 4.2.5. Similarly, for the other Reservation methods by telephone, fax, or E-mail, the rates are valid at the time when the Reservation Request is made by the Customer. They are also accessible under the heading "view available rates on the calendar". In any case, the special pricing terms and conditions related to each rate/type of room or supplementary services appear in front of each of the Services being reserved by the Customer.

5.2. The indicated prices are understood as per room for the number of people and the date(s) selected by the Customer in step 1, as described in clause 4.2.5, with the understanding that the chosen rate involves, by default and except with the purchase of a special "extra" for this purpose, a check-in by the Customer at 3:00 p.m. and a check-out at 12:00 p.m.

5.3. The displayed prices are subject to value-added tax (VAT), include all taxes, are expressed in Euros, and are valid only for the duration indicated on the Web site.

5.4. If the payment is made in a currency other than the currency of the customer’s country of residence, the exchange fees will be the responsibility of the customer.

5.5. All reservations, regardless of their origin, are payable in Euros, as specified during the Reservation Process.

5.6. Unless otherwise mentioned, supplementary services, such as breakfast, meals, and other extras possibly selected in step 3 of the reservation, as stated in clause 4.2.5, are not included in the price. However, the price of these supplementary services validated in the Customer’s reservation is payable during the online or offline Reservation Process, since it involves a rate other than "Tarifs flexibles/Flexible rate".

5.7. The tourist tax, indicated for each rate, is to be paid directly on site to the Residence Hotel, except in the case of a payment involved with the rate reserved online and, in all cases, during the Reservation Process, where this amount can be included.

5.8. The prices take into account the VAT applicable as of the day of the order, and any change in the VAT applicable rate will be automatically recovered on the indicated prices.

5.9. If a rate involves payment at the Residence Hotel upon arrival or the start of your stay and the Customer’s currency is not the same as that of the Residence Hotel, the rate debited by the Residence Hotel may differ from the rate that was communicated at the time of the reservation, considering the possible change in exchange rates between the reservation date and the dates of accommodation at the Residence Hotel.

5.10. MAMA SHELTER systematically indicates the rates during the Reservation Process on the Web site, beginning in step 2 for rooms and in step 3 for supplementary services, as well as the total price of the reservation in step 4 before the Customer’s validation of his or her reservation until step 5, with the Acknowledgement of Receipt of the reservation also summarising the contents of the reservation and its rate.

5.11. No discount will be applied by MAMA SHELTER for prior payment for the dates and terms appearing in these General Terms and Conditions or online through a payment during the Reservation Process or on the invoice issued by MAMA SHELTER.

5.12. In accordance with what appears in clause 5.1, the existence of rates indicated as "Meilleur tariff/Best available rate" at the time of the Reservation Process online or offline by telephone, fax, or E-mail is not at all exclusive of the existence of a rate at a lower price for the same services offered before or after the reservation process, under identical or different commercial wording, but are no longer or not yet in force at the time when the reservation is made. To this end, the creation of rates at a price lower than the one indicated in the reservation, which would be in force at a time other than the time at which the reservation is made, can never give rise to the application of these lower rates to the Customer’s benefit. Only the contractual rate in force at the time when the reservation is made is valid between the parties.

Clause 6 Payment

6.1. The Customer shall communicate his or her bank information to guarantee the reservation, except for special terms and rates requiring an online payment as stipulated during the Reservation Process and, in particular, those offered with the wording "offres spéciales, tarifs promotionnels, packages Rack/Hot Deal, Promotions, Best available rate, Packages and rack rates" by credit or private-label bank card (Visa, Diners Club, MasterCard International, MasterCard, American Express, Japanese Credit Bureau) by indicating directly in the area provided for this purpose in step 4 of the Reservation Process as indicated in clause 4.2.5 (entry secured by SSL encryption as recalled in clause 9 hereinafter) the card number, without spaces between the digits, as well as its expiration date and the card security code as part of an online payment via the payment platform dedicated for this purpose. The same applies for the communication of the bank information required for Reservations made by telephone, fax, or E-mail, according to the formal requirements of clauses 4.4.1, 4.4.2, and 4.4.3, which involve either a payment during the reservation or the requirement of a security deposit based on the rate reserved by the Customer.

6.2. The payment is debited at the Residence Hotel during the Customer’s stay, except in the case of special terms or rates for which the payment is debited at the time of the reservation when it involves certain rates subject to the requirement of a payment during the reservation process according to the related special contractual terms.

6.3. The service provider chosen by MAMA SHELTER to secure online payments by bank card verifies the validity of the customer’s payment card. There may be a rejection of the payment card for several reasons: stolen card, blocked card, credit limit reached, entry error, etc. In case of a problem, the Customer must contact his or her bank and the residence hotel to confirm his or her reservation and payment method.

6.4. If the Customer reserves several rooms but payment online and, in all cases, during the reservation process is only necessary for only one room, for example, in this case, the payment card that is used on the payment platform to pay for the room involved with the payment online and, in all cases, during the reservation process and the payment card entered will be used as a guarantee for the other rooms.

6.5. At the time of the online payment and, in all cases, when it is required during the Reservation Process, the amount that is debited when the reservation is made includes: the price of the accommodations, the taxes related to the accommodations, the prices of the additional or "extra" services, either included in the reserved package or ordered individually in step 3 and validated in step 4 of the reservation process.

6.6. In the case of a rate subject to online payment, the debit is made once the reservation is completed by the Customer according to a computerised online debit process.

6.7. In all cases of stays in the Residence Hotel based on a reservation made by the Customer on the Web site, an invoice is prepared in two copies by MAMA SHELTER, with one copy provided to the Customer upon his or her departure from the Residence Hotel.

6.8. During the Customer’s stay, if the payment, online and in all cases during the Reservation Process, has not already been made, and if the amount of the Customer’s invoice exceeds the €400, Management may require payment for the service provided for said stay.

Clause 7 Claims

7.1. For any claim related to a reservation made in the Residence Hotel and the breach or improper execution of the Residence Hotel Contract, the Customer must send a letter to the address of the Registered office of MAMA SHELTER at 109 Rue de Bagnolet in Paris 75020 (France) within 24 hours from arrival at the Residence Hotel or, if the improper execution is claimed by the Customer during his or her stay in the residence hotel, within 24 hours from the occurrence of the act in question.

7.2. It is also possible to contact MAMA SHELTER by using the following contact information for any request:

E-mail: paris@mamashelter.com
Telephone: +33 (0)1 43 48 48 48
Fax: +33 (0)1 43 48 49 49

Clause 8 Guarantees and Responsibilities of Mama Shelter

8.1. MAMA SHELTER is held to a guarantee of conformity of Services, under the terms and conditions set out in Articles L. 212-1 et seq of the French Consumer Code, without prejudice to any additional contractual guarantee that may be agreed to particularly between the parties, outside of these General Terms and Conditions, following a written contract duly signed by the parties provided for this purpose.

8.2. MAMA SHELTER shall strive to ensure that the photographs, graphic representations, and texts reproduced to illustrate the Residence Hotel provide an overview as accurate as possible of the accommodations, food services, and other supplementary services offered. However, the photographs are not contractual, as each of the rooms, even when they have an identical rate, all have different dimensions, and changes may occur, particularly because of furniture changes, new decorations, or any renovations. The Customer may not make any claim, since these changes do not pertain to the main features of the service.

8.3. MAMA SHELTER may not be held responsible for the breach or improper execution of the reservation in case of force majeure, third-party act, customer act, or act by its Partners, such as non-availability of the Internet network, inability to access the Web site, outside intrusion, computer viruses, or in case of an online payment, and in all cases when it is required by the Reservation Process, not authorised by the cardholder’s bank.

8.4. Although MAMA SHELTER offers Wi-Fi Internet access inside the Residence Hotel, and especially in the reserved rooms and apartments, in case of a complete or partial malfunction of this service, for any reason whatsoever during the duration of the stay in the Residence Hotel, the Customer will have no right to termination of the reservation, a refund for the reservation, or any compensation whatsoever.

8.5. MAMA SHELTER will incur not liability for any indirect damages resulting therefrom, particularly loss of use, third-party act, customer act, or act by its Partners.

8.6. Hyperlinks at www.mamashelter.com may send users to sites other than the site of MAMA SHELTER, who denies any responsibility with regard to the contents of these sites and the offered Services.

8.7. A storage compartment is made available to Customers to deposit any objects of value so that the Customer may, upon his or her arrival at the residence hotel, request use of this service, without additional cost, by going to the reception desk of the Residence Hotel. Accordingly, by express agreement between the parties, failure to entrust personal effects, objects, or jewellery with an estimated value greater than €1,500 by the Customer with the Management of the Residence so that they can be put in a safe place constitutes, in particular, a fault of the Customer in the execution of this Residence Hotel Contract, for which the Customer will bear all consequences. Similarly, by express agreement between the parties, failure by the Customer to keep the door or windows of his or her room closed and locked also constitutes a fault of the Customer in the execution of this Residence Hotel Contract.

8.8. Regarding the extra service purchased in clause 4.2.5, step 3, or at any other time during the stay, for the reservation of a packing space, this service involves only the guarantee of assignment of a space in the parking area reserved for customers of the hotel, with the understanding that this parking area is not guarded or monitored. Accordingly, failure by the Customer to lock his or her vehicle, close a window or door, or remove visible objects or objects of value from the vehicle parked in the reserved parking space constitutes a failure by the Customer in the execution of this residence hotel contract, of which the Customer will bear all consequences.

Clause 9 Data and Privacy

9.1. Information requested from the Customer during the reservation process, which is fully secured from start to end, is necessary to process the Customer’s order and will be communicated to MAMA SHELTER, the online payment processor, and its contractual Partners, as indicated in the "politique de confidentialité/ Privacy Policy" section accessible directly at www.mamashelter.com. Without such information, MAMA SHELTER may not book any reservation.

9.2. The contractual policy for personal data protection can be consulted in the "confidentiality policy" section at www.mamashelter.com.

9.3. In accordance with the provisions of amended Act no. 78-17 of 6 January 1978, each Customer has a right to access, modify, correct, and oppose any information about him or her, under the terms provided for by the law and regulations in force through a request with MAMA SHELTER.

9.4. The Customer is hereby informed that all personal data collected during the entire Reservation Process will undergo automatic processing, under the responsibility of MAMA SHELTER, under the terms specified in the "politique de confidentialité/Privacy Policy" section.

• - Fulfil its obligations to the Customer
• - Inform the Customer of special offers and any new service created by MAMA SHELTER, information from which the Customer can systematically unsubscribe by clicking on the link provided for this purpose in the E-mail message sent to the Customer.

9.6. The Customer is informed, on each personal data collection form, of the mandatory or optional nature of the responses respectively by the presence or absence of an asterisk.

9.7. The Customer authorises MAMA SHELTER to transmit his or her personal data to third parties, provided that such communication is compatible with carrying out the operations for which MAMA SHELTER is responsible under these General Terms and Conditions.

9.8. In particular, at the time of the online payment, the Customer’s bank information must be transmitted by the payment processor to the Residence Hotel’s bank for the execution of the Residence Hotel Contract. The Customer is hereby informed that this transfer of data may therefore take place in foreign countries not having adequate personal data protection pursuant to amended Act no. 78-17 of 6 January 1978. However, the Customer consents to this transfer for the execution of his or her contract. The payment processor has pledged to MAMA SHELTER to take all measures to ensure security and to respect the confidentiality of the data of said transfers.

9.9. Mama Shelter is likely to make available to its customers within the residence, and especially in the rooms and the dining room, a service, Photobooth, which they are free to use or not to use, allowing customers to take a souvenir photo. Before taking any souvenir photo, customers are notified of the options offered by this service, including the ability to send the photo by e-mail. No photo can be made without the parties consent and by previously clicked to accept the conditions set forth in the Disclamer. On the day of the Terms of sale, the authorization granted by those concerned in the Disclamer is granted for a period of one year from the day the photo is taken , free of charge, for the reproduction, binding, representation, dissemination, public communication, adaptation, in whole or in part, by any means whatsoever, including by printing, scanning, editing, publishing, online on Internet or on intranet, worldwide, during the lifetime of the SAS MAMA SHELTER or any corporation that may replace it, and for use for presentation, identification, promotion, internal or external, PR, advertising, informational or commercial, through all possible media and in particular on screens located inside the residence or those of the aforementioned group MAMA SHELTER, by publishing or printing any publication such as pamphlets, brochures, magazines, newspapers, posters, placards, kakemono, etc.., and any reproduction, distribution on websites of the group MAMA SHELTER or authorized by SAS MAMA SHELTER but excluding any use involving the purchase of advertising space. The authorization granted by the acceptance of the Disclamer by customers has effect without prejudice to any other conditions of permissions granted by the individual concerned. Mama Shelter is not responsible for the acts of others who would use outside of the use granted by the customer as stated above, by any means whatsoever, including, from capture screen or any other technique of reproduction or représentation.

Clause 10 Applicable Law - Disputes

10.1. These General Terms and Conditions are governed by French law in both form and substance.

10.2. By express agreement, all disputes arising from this Residence Hotel Contract and/or the Online Reservation, pertaining to their validity, interpretations, executions, cancellations, terminations, consequences, and effects will be subject to French law and competent jurisdictions of the city of Paris (France).

Clause 11 Comprehensiveness

11.1. These General Terms and Conditions, special terms of pricing, guarantee, and payment of the rate reserved by the Customer, and the form or Reservation Request express all of the obligations of the parties.

11.2. No general or specific terms or conditions communicated by the customer may be included in these General Terms and Conditions.

11.3. The documents forming the contractual commitments between the parties are, in decreasing order of priority, the form or Reservation Request (including the special terms and conditions of the reserved rate) and these General Terms and Conditions.

11.4. The sections identified at www.mamashelter.com, labelled "Terms of Use", intended to govern the use of said Web site, and "Confidentiality Policy", as recalled in clause 9.2 of these General Terms and Conditions, are an integral part of these General Terms and Conditions.

11.5. In the event of a contradiction between the reservation form and the General Terms and Conditions, the provisions appearing on the reservation form will be solely applicable for the obligation in question.

11.6. Full or partial nullity of any clause of these General Terms and Conditions does not imply nullity of their other provisions.

Copyright

Mama Shelter owns and operates this web site and the services available on this web site. All content included on this web site, including text, graphics, logos, buttons, icons, and images, is the property of Mama Shelter, its licensors or its content suppliers, and is protected by U.S. and international copyright and trademark laws. The compilation (meaning the collection, arrangement and assembly) of all content on this web site is the exclusive property of Mama Shelter and is protected by U.S. and international copyright laws. All software used on this site is the property of Mama Shelter or its suppliers and is protected by U.S. and international copyright laws. The content and software on this site may be used as a resource for Our customers. You may not copy, publish, distribute, create derivative works of, or commercially exploit the content of this web site, or use this web site for any other purpose.

Disclaimer

THIS WEB SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS CONTAINED ON THIS WEB SITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. MAMA SHELTER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEB SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS ON THIS WEB SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL MAMA SHELTER OR ITS SUPPLIERS BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE OR ANY GOODS OR SERVICES OBTAINED ON THIS WEB SITE, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (EVEN IF MAMA SHELTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW.

All information contained on this web site, including information relating to technical services and or solutions, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice or services provided by certified technical staff.

Any links on this web site to web sites operated by third parties are provided for your convenience only. We are not responsible for the content and performance of these web sites or for your transactions with them and our inclusion of links to such web sites does not imply any endorsement of the material on such web sites.

Changes and Applicable Law

We reserve the right to make changes to our web site and the policies and conditions that govern the use of our web site at any time. We encourage you to review the web site and these terms periodically for any updates or changes. Your continued access or use of our web site shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes. Use of the this web site and purchases of any products or services shall be governed by and construed in accordance with the laws of the State of Maryland, without giving effect to its conflict of law provisions.

Mama Shelter is committed to preserving the privacy of all visitors to websites (the "Websites") owned or controlled by Mama Shelter. Please read the following privacy policy to understand how Mama Shelter uses and protects information that you provide as a result of accessing the Websites. By registering or making any reservation via the Websites you consent to the collection, use and transfer of your information under the terms of this policy. If after reviewing this policy you have any questions or privacy concerns please send an e-mail to paris@mamashelter.com.