Preliminary Clause – DEFINITIONS
For the purposes hereof, the terms below will have the following meaning:
"MAMA SHELTER BORDEAUX"
Simplified Stock Company MAMA BORDEAUX, with share capital of 50,000 Euros, registered with the Paris Trade and Companies Register under n. 528 847 874, and having its registered address in Paris (75011), 61, rue Servan (France)
Bordeaux Establishment: Siret 528 847 874 00039
MAMA SHELTER BORDEAUX
19 rue Poquelin Molière
33000 Bordeaux
"MAMA SHELTER LOS ANGELES"
Limited Liability Company MAMA MANAGEMENT USA, EIN 47-1836326, and having its registered address in Los Angeles, CA 90028, 1545 Wilcox Avenue, Suite 101
MAMA SHELTER LOS ANGELES
6500 Selma Avenue
Los Angeles, CA 90028, USA
“MAMA SHELTER LYON”
Simplified Stock Company MAMA LYON, with share capital of 5,000 Euros, registered with the Paris Trade and Companies Register under n. 528 702 046, and having its registered address in Paris (75011), 61, rue Servan (France)
Lyon Establishment: Siret 528 702 046 00038
MAMA SHELTER LYON
13 rue Domer
69007 Lyon
“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
“MAMA SHELTER PARIS”
Simplified Joint Stock Company MAMA SHELTER, with share capital of 1 822 130 euros 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 RIO DE JANEIRO
Rua Paschoal Carlos Magno, 05
Cep: 20240-290
Rio de Janeiro, RJ
Click here for legal information
“Acknowledgement of Receipt”:
E-mail message sent by MAMA SHELTER BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS to the Customer in the final stage of the reservation process, summarizing the reservation validated by the Customer and confirming its receipt by the reservation site www.mamashelter.com. The notification of receipt may constitute a confirmation of reservation as defined below.
“Reservation Confirmation”:
An electronic document which summarizes 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.
“Property Contract”:
Contract pertaining to the provision by the Property located in Bordeaux (33), Los Angeles (USA), Lyon (69), Marseille (13) or Paris (75) 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 Property located in Bordeaux, Los Angeles, Lyon, Marseille or Paris 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 Property submitted by the Customer through mobile communication services or by Internet.
“mobile services”:
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.
“Online Reservation”:
Reservation for rooms in the property located in Bordeaux, Los Angeles, Lyon, Marseille or Paris 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 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 property 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 center at n° 0825 00 62 62 (€0.15/min from a landline. Service edited by Keyyo - Keyyo customer service: +33 (0) 805 030 030, toll free number). 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 ; (00 33) (0)5 57 30 45 45 for a reservation in the property of Bordeaux; or n° 1 323-785-6666 for a reservation in the property of Los Angeles; or (00 33) (0) 4 78 02 58 00 for a reservation in the property of Lyon; or (00 33) (0)4 84 35 20 00 for a reservation in the property of Marseille; or on (00 33) (0)1 43 48 48 48 for a reservation in the Property in Paris.
2) By fax on (00 33) (0)5 57 30 45 46 for a reservation in the property in Bordeaux; or 1 323-785-635 for a reservation in the property of Los Angeles; or on (00 33) (0) 4 78 02 58 02 for a reservation in the property in Lyon; or on (00 33) (0)4 84 35 20 01 for a reservation in the property in Marseille; or on (00 33) (0)1 43 48 49 49 for a reservation in the property in Paris.
3) By e-mail to bordeaux@mamashelter.com for the property located in Bordeaux; losangeles@mamashelter.com for the property located in Los Angeles; lyon@mamashelter.com for the property located in Lyon; marseille@mamashelter.com for the property located in Marseille; paris@mamashelter.com for the property located in Paris.
“Property”
The property located in Bordeaux, Los Angeles, Lyon, Marseille or Paris containing the rooms and apartments offered for reservation at www.mamashelter.com as well as a restaurant and other accommodations located at 19, rue Poquelin Molière in Bordeaux (33000); 6500 Selma Avenue in Los Angeles (90028 California); 13, rue Domer in Lyon (69007); 64, rue de la Loubière in Marseille (13006); 109 rue de Bagnolet in Paris (75020).
“Services”:
Services marketed by MAMA SHELTER BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS consisting of, as part of a property contract, the provision of rooms or apartments in the property 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, and EVENTS”.
“Extras”:
Services marketed by MAMA SHELTER BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS consisting, within the framework of the property contract, of the provision of different services complementing the provision of rooms or apartments in the property, 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 BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS 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 BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS operating the aforementioned site particularly for the purposes of reservations of rooms and other supplementary services related to temporary accommodation in the Property.
1.1.2. These General Terms and Conditions apply to all operations for purchasing the Services defined hereinabove by the Customer.
1.2 Territory
The Services appearing on this Web site are offered in order to be provided to the Customer by MAMA SHELTER BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS in the Property, 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 apply for as long as the Services are maintained online by MAMA SHELTER BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS at www.mamashelter.com.
1.3.2. MAMA SHELTER BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS 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.
1.3.3. MAMA SHELTER BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS 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.
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 BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS 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 BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS 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 Property reserves the right to request from the Customer, upon his or her arrival at the Property, 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 Property 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 BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS 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. Any reservation made at www.mamashelter.com implies consultation and acceptance of these General Terms and Conditions.
2.7. 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.
2.8. 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.
2.9. 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.
2.10. 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 “confirm booking” button during step 8 of the reservation process as indicated in clause 4.2.5, as per the article 1316-4 from the Civil Code constituting an electronic signature, which has the same value between the parties as a handwritten signature.
2.11. Foreign customers, on presentation of their identity card as stated in article 2.1 above, have an obligation to complete the individual policy form if the country requires this, 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 BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS, 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 payment terms.
• The General Terms and Conditions of sale.
• 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, English, German, Spanish and Turkish. The reservation process is available in French, English, German, Spanish and Turkish. The general conditions of sale are accessible in French and English.
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 Property of his choice, according to the transparent contractual rates with or without supplementary options or Extras 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 www.mamashelter.com 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 BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS 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 “confirm booking” field at the end of step 8 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 BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS 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, it being specified that, on the one hand, at each stage the page which is displayed contains a summary of the previous stages as determined by the customer during the reservation process, and on the other, it is always possible for the customer to go back by clicking on the previously determined reservation stage to modify any details.
1. 1st page – choice of the place of the residence: the Customer determines, with a single click, the place of residence, choosing the city;
2. 2nd page – choice of the check-in day and check-out day: a calendar displays, showing the available or full days for the previously selected residence. For each available day the calendar shows, under the date, the best available price (internet rates). The customer can find out, by double clicking on the selected day, the different available rates with their essential characteristics, such as the room category, its price, any Extras included for special offers, cancellation conditions, and payment conditions. For some rates, the number of nights for the stay in the property may be subject to a ceiling.
The determination by a click of the check-in day shows the check-out day function, which operates in the same way, by a click on the day selected in the calendar.
3. 3rd page – choice of the number of rooms reserved and indication, as applicable, of a promo code: the customer determines, with a click, the number of rooms chosen on the dates of his or her stay, and may enter any promo codes they benefit from. In the case of a reservation of several rooms, the reservation process proceeds room by room separately until completion of the reservation process on the 8th page.
4. 4th page – choice of the number of adults for the room: The customer determines the number of adult persons per room with a click.
5. 5th page – choice of the number of children for the room: the customer determines, with a click, the number of children per room.
6. 6th page – choice of the room rate: the customer decides, with a click, between the different rates offered, according to the information entered by it in previous stages showing their essential characteristics, such as the room category, the date previously chosen, its price, its level of amenities, any Extras included for special offers, cancellation conditions, payment conditions, with the possibility for the customer of seeing a photograph of a room in the same category, without prejudice to the provisions of clauses 3.1 and 8.2, prior to making a choice, displayable under the “rate”, “description”, “policy” and “photos” tabs.
7. 7th page: choice of Extras: as applicable, if the customer so wishes, he or she may determine, with a click, the Extra/s offered according to the information entered by him during previous stages, comprising their displayed rates and essential characteristics displayable under the “description” tab such as, by way of example, the buffet breakfast, the latest check-out time “late/super late check out”), the choice of a room on an upper floor, transport tickets or access to sites or cultural or entertainment events, etc.....By clicking on "next" or "OK", the customer completes the selection and the entry of the elements subject to the online reservation, albeit without prejudice to the ability to change reservation elements by going backwards in the reservation process.
8. 8th page: display of the reservation summary for each stage with the room rates and Extras reserved, and final validation of the reservation by the Customer: by clicking on the “Reserve” button, the customer confirms the summarized elements comprising the reservation, following which the fields necessary for the customer to enter his or her identity and details, including the postal address, the e-mail and telephone number, the type of stay as well as the payment method and details of the bank card used for online payment; the taking of a guarantee by the bank card details, depending on the rate chosen; acceptance of these general conditions; the customer gives final validation by clicking on the "Confirm the reservation" field at the bottom of the page. Before confirming the reservation, the customer may make "special requests" in a dedicated field, make a request for clarification or a special request, which is not contractually guaranteed by MAMA SHELTER BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS without a written response that the special request has been received and that it is possible to provide the service requested, with an indication of its price, as applicable, for the purposes of acceptance by the customer. BY CLICKING ON “VALIDATE”, THE CUSTOMER PAYS OR GIVES A GUARANTEE VIA THEIR BANK CARD ACCORDING TO THE RATE RESERVED
4.3. Formation of the online Contract
4.3.1. Pursuant to clauses 2.10 and 4.2.5, the Property Contract is formed at the time of the confirmation of the customer’s reservation by MAMA SHELTER BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS, comprising the assignment of the reference number as stated in clause
4.3.2. The formation of the Property Contract can only occur after the Customer has previously chosen the contents of his or her reservation, fully summarized in step 8 of the reservation process in which the terms of reservation are set, 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 “confirm booking” button. Otherwise, the reservation is considered cancelled and cannot produce any effect.
4.3.3. In all cases of online reservation and without prejudice to the provisions of clauses 4.4.13, 4.4.23, 4.4.33, after the formation of the contract, 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 page 9, consisting of an Acknowledgement of Receipt of the reservation and confirmation of the reservation, summarizing 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 any right of revocation or cancellation, as well as the address of the MAMA SHELTER BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS property 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 numbers 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 BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS offer the available rates and related supplementary services based on the Customer’s request on his or her desired dates. MAMA SHELTER BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS also request a fax number or an E-mail address where MAMA SHELTER BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS will send to the Customer, on request, 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 by giving bank card details, 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 BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS 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 BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS by fax or E-mail, the Customer may not complain about the failure to book his or her reservation, as the Property 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 in the forms set forth in article 4.3.3 or by fax 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 BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS, 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 by giving bank card details, 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 BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS telephone reservation center, 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 BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS send 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 numbers 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 BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS offer, 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 BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS send to the Customer, on request, 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 by giving bank card details, 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 BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS 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 fulfill the requirements set out in clause 4.4.2.2, by sending at least the information required by MAMA SHELTER BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS by fax or E-mail, the Customer may not complain about the failure to book his or her reservation, as the Property 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 in the forms set forth in article 4.3.3 or by fax 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 addresses 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 BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS offer, 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 BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS 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 by giving bank card details, 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 BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS 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 fulfill the requirements set out in clause 4.4.3.2, by sending at least the information required by MAMA SHELTER BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS by fax or E-mail, the Customer may not complain about the failure to book his or her reservation, as the Property 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, under the conditions set forth in article 4.3.3 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 page 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 page 6 and page 8, 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 4.3.3.
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 midday (12:00AM) in Paris, France. Any late notification of cancellation will lead to the application of late cancellation fees equal to one night of accommodation, plus any extras appearing in the Customer’s reservation, according to the applicable rate, inclusive of all taxes, in the reservation validated by the Customer in page 8 of the Reservation Process.
4.5.4. The right of cancellation defined in clause 4.5.2 can be implemented by the Customer on the Web site www.mamashelter.com using the “annulations/cancellations” button or tab, 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. Page 1 – “locate reservation to cancel”: the Customer of the property provides his or her Reservation Confirmation number and surname.
2. Page 2 – “/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. Page 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 “special offers, standard, packages Rack/Hot Deal, Promotions, Internet rates, Packages and rack rates” may not be modified or cancelled. Any sums paid will not be refunded or exchanged. In this case, for offers mentioned under these headings or under different commercial names, 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 property, 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 property. 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 their stay. 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 “Flexible rate”, any failure by the Customer to come to the property or “no show” (reservation not cancelled, in the case of a right of cancellation, and customer not present to take possession of the room that he or she reserved implies cancellation of his or her reservation in its entirety, releasing the reserved night(s), and all costs related to the reserved accommodations being automatically payable, including all reserved nights and extras, inclusive of tax, 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 BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS 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 page 2 of the reservation process, 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 the successive pages, 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 at the rate in force at the moment of reservation, except for Mama Shelter Los Angeles where prices are displayed in Unites States Dollars, 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, except for Mama Shelter Los Angeles, 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 page 7 of the reservation process, as stated in clause
5.7. Tourist tax (City or tourism tax) :
Bordeaux: 0.90€ per adult / night
Los Angeles: Tax 14% + tourist tax 1.5%
Lyon: 0.99€ per adult / night
Marseille: 0.99€ per adult / night
Paris: 0.99€ per adult / night
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, in particular in the event of a change in the rate applicable on the date the stay is used, and the Extras signed up to, in accordance with the rate applicable at the moment the reservation was made.
5.9. If a rate involves payment at the Property upon arrival or the start of your stay and the Customer’s currency is not the same as that of the Property, the rate debited by the Property 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 Property.
5.10. MAMA SHELTER BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS systematically indicate the rates during the Reservation Process on the Web site, beginning in page 2 of the reservation process then page 6 for rooms and in page 7 for Extras, as well as the total price of the reservation in page 8 before the Customer’s validation of his or her reservation until step 5, with the Acknowledgement of Receipt of the reservation also summarizing the contents of the reservation and its rate.
5.11. No discount or rebate will be applied by MAMA SHELTER BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS 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 BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS.
5.12. In accordance with what appears in clause 5.1, the existence of rates indicated as “Internet/Standard rates” 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 “internet, standard, special offers, packages Rack/Hot Deal, Promotions, Internet rates, Packages and rack rates” by credit or private-label bank card (Visa Card, MasterCard International, Eurocard/MasterCard, American Express) by indicating directly in the area provided for this purpose in page 8 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 via a bank card print, based on the rate of the reservation.
6.2. The payment is debited at the Property 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, previously agreed by the Customer.
6.3. The service provider chosen by MAMA SHELTER BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS 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 or difficulty, the Customer must contact his or her bank and the property 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 on page 7, and validated on page 8 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 computerized online debit process.
6.7. In all cases of stays in the Property of choice based on a reservation made by the Customer on the Web site, an invoice is prepared in two copies by MAMA SHELTER BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS, with one copy provided to the Customer upon his or her departure from the Property.
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, in the forms set forth in this article 6.
6.9. Payment by cheque is not accepted, whether for accommodation, catering or any other services or sale of products by MAMA SHELTER BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS to the customer while staying at the Property.
6.10 In any event, any "Extra” service or other service reserved and supplied by MAMA SHELTER BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS during the customer’s stay, and not subject to prior payment on reservation must be paid by the customer by check-out at the latest.
Clause 7 Claims
7.1. For any claim related to a reservation made in the Property of choice, and the breach or improper execution of the Property Contract, the Customer must send a letter to the address of the Registered office of MAMA SHELTER at 61 rue servan in Paris 75011 (France) within 24 hours from arrival at the Property or, if the improper execution is claimed by the Customer during his or her stay in the property, within 24 hours from the occurrence of the act in question.
For the property in Bordeaux: at the registered address of MAMA SHELTER BORDEAUX, that is to say 61, rue Servan in Paris (75011) France
For the property in Los Angeles: at the address of MAMA SHELTER LOS ANGELES that is to say 61, rue Servan in Paris (75011) France
For the property in Lyon: at the registered address of MAMA SHELTER LYON, that is to say 61, rue Servan in Paris (75011) France
For the property in Marseille: at the registered address of MAMA SHELTER MARSEILLE, that is to say 61, rue Servan in Paris (75011) France
For the property in Paris: to the address of the registered address of MAMA SHELTER PARIS, that is to say 61, rue Servan in PARIS 75011 (France)
7.2. It is also possible to contact MAMA SHELTER BORDEAUX, using the following contact information for any request:
Email: bordeaux@mamashelter.com
Telephone: +33 (0)5 57 30 45 45
Fax: +33 (0)5 57 30 45 46
MAMA SHELTER LOS ANGELES, using the following contact information for any request:
Email: losangeles@mamashelter.com
Telephone: 1 323-785-6666
Fax: 1 323-785-635
MAMA SHELTER LYON, using the following contact information for any request:
Email: lyon@mamashelter.com
Telephone: +33 (0)4 78 02 58 00
Fax: +33 (0)4 78 02 58 02
MAMA SHELTER MARSEILLE, using the following contact information for any request:
Email: marseille@mamashelter.com
Telephone: +33 (0)4 84 35 20 00
Fax: +33 (0)4 84 35 20 01
MAMA SHELTER PARIS 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 BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS are 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 BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS shall strive to ensure that the photographs, graphic representations, and texts reproduced to illustrate the Property 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, with the exception of a reservation made with an express request to be assigned a specific room or apartment, confirmed in writing by MAMA SHELTER BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS, the Customer may not make any claim, since these changes do not pertain to the main features of the service.
8.3. MAMA SHELTER BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS 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, not authorized by the cardholder’s bank.
8.4. Although MAMA SHELTER BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS offer Wi-Fi Internet access inside the Property, 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 Property, the Customer will have no right to termination of the reservation, a refund for the reservation, or any compensation whatsoever.
8.5. MAMA SHELTER BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS 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 BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS, who deny 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 property, request use of this service, without additional cost, by going to the reception desk of the Property. Accordingly, by express agreement between the parties, failure to entrust personal effects, objects, or jewelry 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 Property 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 Property Contract.
8.8. Regarding the extra service purchased in clause 4.2.5, page 7, or at any other time during the stay, for the reservation of a parking 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 property contract, of which the Customer will personally bear all consequences.
Clause 9. Data and privacy, image rights, intellectual property
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 BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS, the online payment processor, and its contractual Partners, as indicated in the “Privacy Policy” section accessible directly at www.mamashelter.com. Without such information, MAMA SHELTER BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS may not book any reservation.
9.2. 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 BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS at their registered address as indicated above. The customer also has, for legitimate reasons, right of opposition to data concerning them.
9.3. 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 BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS.
9.4. Processing such data will allow MAMA SHELTER BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS to:
• Fulfill its obligations to the Customer, by integrating the Customer form;
• Carry out the reservation for the Customer;
• Inform the Customer, particularly by e-mail, of special offers and any new service created by the companies and establishments of the MAMA SHELTER Group or offered by their commercial partners, information from which the Customer can systematically unsubscribe or reject disclosure of their information to third parties by clicking on the link provided for this purpose in the reservation confirmation E-mail message sent to the Customer, as well as the Customer form completed during check-in at reception.
9.5. 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.
9.6. In particular, at the time of the online payment, the Customer’s bank information must be transmitted by the payment processor to the Property’s bank for the execution of the Property 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 BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS to take all measures to ensure security and to respect the confidentiality of the data of said transfers.
9.7 MAMA SHELTER BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS may make available to their customers within the residence, and in particular in the rooms and restaurant, a Photo booth service enabling customers to take a souvenir photograph, in which they are free to feature. Prior to taking any souvenir photograph, the customers will be informed of the options offered by this service and, in particular, the possibility of sending it by e-mail as applicable within the context of strictly private use. No souvenir photograph may be taken within the interested parties having first clicked to accept the conditions set forth in the disclaimer. On the date of these general conditions of sale, the authorization given by the interested parties in the disclaimer is given for the period of one year from the shot, free of charge, for the reproduction, establishment, representation, distribution, communication to the public or adaptation of photographs containing their image, fully or partially, by any means whatsoever and, in particular, by printing, digitalization, publishing, publication, being uploaded to an Internet or Intranet, for the entire world, and the life span of MAMA SHELTER Group or any legal entity replacing them, for utilization for the purposes of presentation, identification, promotion, internal or external communication, press relations, informative or commercial publicity, via any possible media and in particular on the screens located inside the aforementioned residence or those of the MAMA SHELTER group, by any publication or print-out such as leaflets, brochures, magazines, journals, posters, small posters, kakemono, etc., and by any reproduction, representation, distribution on the websites of the MAMA SHELTER group or authorized by MAMA SHELTER Group or any legal entity affiliated with the MAMA SHELTER PARIS Group, to the exclusion nevertheless of any usage involving the purchase of advertising space. MAMA SHELTER BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS are not liable for acts by third parties which use information outside the scope of the use granted by the customers, as stated above, by any means whatsoever and in particular from a screenshot or any other technique of reproduction or representation. The authorization granted by acceptance of the disclaimer by the customer produces its effects without prejudice to any other authorization conditions granted individually by customers.
9.8. Without prejudice to the application of the provisions of clause 9.9, the reservation of overnight stays and/or Extras in the property in question, and their consumption by customers and/or their companions, or even mere presence in the property in no way authorizes any audiovisual recording, photo shoot or photography whatsoever in the presences and buildings of the property, including rooms with a view to their commercial, promotional or advertising use, press or public relations, illustration of the website, etc..., and more generally any collective use or usage that could involve the public. The interior architecture and graphic creations decorating communal areas and rooms of the property are protected by copyright, rights fully reserved. Any audiovisual recording, photo shoot, reproduction or representation of images including the premises and buildings of the hotel other than for strictly private use is subject to the prior authorization of MAMA SHELTER BORDEAUX, MAMA SHELTER LOS ANGELES, MAMA SHELTER LYON, MAMA SHELTER MARSEILLE or MAMA SHELTER PARIS under pain of infringement proceedings punishable, in particular, by the civil and penal provisions of the intellectual property code.
9.9. For cookies policy click here.
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 Property 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).
10.3. Please note that all rooms are completely non-smoking. If you light inside Mama Shelter we must charge a €150 smoking fee (250 United States Dollars without taxtes for Mama Shelter Los Angeles) to your credit card.
