YASAL « Mama Shelter

Warning

The website www.mamashelter.com is made available to all visitors and all potential customers for the purposes of the use of its functions by any interested party acting under their own responsibility. MAMA SHELTER PARIS and MAMA SHELTER MARSEILLE or its providers may not be held liable or even be subject to a liability claim in respect of the incorrect use by any interested party, potential or definite customer of said website.

All information shown on the website www.mamashelter.com, presented in summary form, in particular on the page “Website conditions of use” or during the reservation process described in article 4.2.5 of the general conditions of sale do not exempt the customer from mandatorily reading, before confirming the reservation, all general conditions of sale, also contained under the “legal” tab of the website www.mamashelter.com, before pressing the “VALIDATE” button at the end of the reservation process as stated in clause 4.3.2 of these general conditions of sale or, more generally, before finalising the reservation by any method other than an online reservation.

Preliminary Clause - DEFINITIONS

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

“MAMA SHELTER PARIS”
Simplified Joint Stock Company MAMA SHELTER, with share capital of €150,000, registered with the Paris Trade & Companies Register under no. B 498 495 472, whose Registered Office is in Paris (75011), 61, rue Servan, Paris (France)

Paris Establishment: Siret 498 495 472 00025
MAMA SHELTER PARIS
109, rue de Bagnolet
75020 Paris

“MAMA SHELTER MARSEILLE”
Simplified Stock Company MAMA MARSEILLE, with share capital of 50,000 Euros, registered with the Paris Trade and Companies Register under n. 522 565 050, and having its registered address in Paris (75011), 61, rue Servan (France)

Marseille Establishment: Siret 522 565 050 00039
MAMA SHELTER MARSEILLE
64 rue de La Loubière
13006 MARSEILLE

“Acknowledgement of Receipt”:
E-mail message sent by MAMA SHELTER PARIS or MAMA SHELTER MARSEILLE to the Customer in the final stage of the reservation process, summarising the reservation validated by the Customer and confirming its receipt by the reservation site www.mamashelter.com. The notification of receipt may, as applicable, constitute a confirmation of reservation as defined below.

“Reservation Confirmation”:
An electronic document which summarises the characteristics of the services reserved by the customer as stated in article 4.3.3, following the reservation process and its validation by the Customer, mainly carried out online via the www.mamashelter.com 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 provision by the residential hotel located in Paris (75) or Marseille of the Services defined hereinafter and actually ordered by the Customer after the validation of his or her reservation online or via another reservation method.

“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 located in Paris or Marseille 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 communication 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 PARIS.

“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 located in Paris or Marseille and for any incidental supplementary services made using the electronic reservation form on the MAMA SHELTER PARIS Website accessible at www.mamashelter.com and especially on the pages or opened by clicking the “Reserve” button or tab or "Reserve a room" or "My reservation".

“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:
1) By telephone call to the reservation centre at n° 0825 00 62 62 (€0.15 a minute from a landline. A surcharge, generally, for mobile communication not subject to a package applies on top in the case of calls from mobile networks . Refer to the pricing conditions of your offer) ; or on (00 33) (0)1 43 48 48 48 for a reservation in the Residence hotel in Paris; or (00 33) (0)4 84 35 20 00 for a reservation in the residence hotel of Marseille;
2) By fax on (00 33) (0)1 43 48 49 49 for a reservation in the residence hotel in Paris ; or on (00 33) (0)4 84 35 20 01 for a reservation in the residence hotel in Marseille ;
3) By e-mail to paris@mamashelter.com for the residence hotel located in Paris, marseille@mamashelter.com for the residence hotel located in Marseille.

“Residence Hotel”
The residence hotel located in Paris or Marseille 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 (75020) for the residence hotel in Paris and 64, rue de la Loubiere in Marseille (13006) for the residence hotel in Marseille.

“Services”:
Services marketed by MAMA SHELTER PARIS and MAMA SHELTER MARSEILLE 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: “ROOMS, RESTAURANTS, SERVICES, EVENTS”
“Extras” :
Services marketed by MAMA SHELTER PARIS and MAMA SHELTER MARSEILLE consisting, within the framework of the residence hotel contract, of the provision of different services complementing the provision of rooms or apartments in the residence hotel, the essential characteristics of which are presented on the website www.mamashelter.com, and more specifically on the 7th page of the online reservation process.

“Web site”:
electronic service used by MAMA SHELTER PARIS and MAMA SHELTER MARSEILLE 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 PARIS and MAMA SHELTER MARSEILLE 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 PARIS and MAMA SHELTER MARSEILLE 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 PARIS and MAMA SHELTER MARSEILLE at www.mamashelter.com.

1.3.3. MAMA SHELTER PARIS and MAMA SHELTER MARSEILLE reserve 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 PARIS and MAMA SHELTER MARSEILLE are 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 www.mamashelter.com is subject to these General and Special Terms and Conditions of pricing for each of said MAMA SHELTER PARIS and MAMA SHELTER MARSEILLE 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 PARIS and MAMA SHELTER MARSEILLE on their 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 PARIS and MAMA SHELTER MARSEILLE 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 PARIS and MAMA SHELTER MARSEILLE Website 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 both MAMA SHELTER PARIS and MAMA SHELTER MARSEILLE.

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, in particular under the “legal” tab.

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 8 of the reservation process as indicated in clause 4.2.5, constituting an electronic signature, which has the same value between the parties as a handwritten signature.

2.12. Foreign customers, on presentation of their identity card as stated in article 2.1 above, have an obloigation to complete the individual policy form, pursuant to article R. 611-42 of the Code for Entry and Residence of Foreigners.

Clause 3 - CONTENTS OF THE SITE www.mamashelter.com

3.1. The site mentions the following information:

• The precise identification of the companies MAMA SHELTER PARIS and MAMA SHELTER MARSEILLE, indicating, for each, 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 “ROOMS” section for each of the residences concerned, during the reservation process under the room availability calendar, rooms being illustrated with a photo of a room at the same price, with the understanding, however, that THE PHOTOS ARE NOT CONTRACTUAL, since internal décor and decoration, as well as the sizes of rooms, are different within the same establishment or from one establishment to the next.
• The price of each of the Services related to the accommodations and supplementary services.

The website www.mamashelter.com may include hyperlinks to other sites, for the convenience of the Customer or any interested party that may consult the site www.mamashelter.com. MAMA SHELTER PARIS and MAMA SHELTER MARSEILLE may not be held liable or even subject to a liability claim due to the content, operation, use of different websites having a URL different to that of www.mamashelter.com.

Intellectual property

MAMA SHELTER PARIS and MAMA SHELTER MARSEILLE are the owners and providers of the services offered on the website www.mamashelter.com. All content on the www.mamashelter.com website, including texts, graphic design, images, logos, buttons, tabs, icons, trademarks, designs and models, and their related intellectual property rights, as well as all software used on the site www.mamashelter.com and their related intellectual property rights, are the property of MAMA SHELTER PARIS and/or MAMA SHELTER MARSEILLE, or their licence holders, contractors, sub-contractors and providers, and are protected by the provisions of the French intellectual property code. The aforementioned content and software used on www.mamashelter.com is to meet the needs of our customers, in particular for the purposes of processing their online reservations, such that any other usage involving, in particular, the right of reproduction and/or representation, and in particular for the purposes of exploiting this content and software is prohibited without the prior authorisation of their beneficiaries.

Confidentiality policy
MAMA SHELTER PARIS and MAMA SHELTER MARSEILLE take all care to preserve the personal data of all visitors to the website www.mamashelter.com. We invite you to read our confidentiality policy detailed in the general conditions of sale accessible under the "legal” tab (article 9) to understand to what extent MAMA SHELTER and MAMA SHELTER MARSEILLE may use and protect this information provided within the framework of the website www.mamashelter.com. Any reservation made from the website www.mamashelter.com implies acceptance of the collection, processing and use of personal data disclosed by the Customer according to the provisions of clause 9 of the aforementioned General Conditions of Sale. Any question or the exercising of any right of the interested parties who have disclosed personal information, right of access, modification and opposition should be to MAMA SHELTER PARIS/MARSEILLE 61, rue Servan 75011 Paris.