Legal notices

  • Legal disclaimer and Terms of Use
  • Cookies Notice
    (For gourmets)
  • General Trip Booking Conditions
  • Privacy Protection Policy
  • Legal disclaimer and Terms of Use of the Mama Shelter® Website

     

    Important update (04/2020) 

    This document constitutes the terms of use (the “ToU”) of our Website, accessible at the address https://mamashelter.com/ (the “Website”).
    The Website is the property of MAMA SHELTER SAS. It is made available to you for information purposes.

     

    By visiting our Website, you accept these ToU, and you acknowledge to be aware of our Privacy Protection Policy available HERE as well as our Cookies Statement available HERE.

     

    Table of contents

    1. LEGAL DISCLAIMER – ABOUT THE WEBSITE

    1.1  Website Publisher

    1.2   Website Publication Director

    1.3  Hosting of the Website

    1.4  Photograph Credits

    2.  HOW CAN YOU CONTACT US?

    3.  Terms of use of the Website

    3.1  Copyright and Trademark right

    3.2  Rights of MAMA SHELTER in its role as database producer

    3.3  Conditions of Use of the Website

    3.4  Availability of the Website

    3.5  Security Notice

    3.6  External Links on the Website

    3.7  Behaviour of Users on the Website

    3.8  Website Surveillance

    3.9  Modification or Suspension of the Website

    4.  Respecting privacy and personal data

    5.  Cookies

    6.  Applicable law

    7.  ToU UPDATES

     

     

    1.    Legal disclaimer – About the Website

     

    1.1     Website Publisher

    MAMA SHELTER SAS

    Corporate form: Simplified joint-stock company under French law

    Share capital: 1822130 euros

    Head Office: 61 rue Servan 75011 Paris, France

    Registration: 498.495.472 Paris Trade and Companies Register

     

    1.2     Website Publication Director

    Jérémie Trigano, in his role as General Manager of TOWN & SHELTER, President of MAMA SHELTER SAS.

     

    1.3 Hosting of the Website

    AMAZON WEBSERVICES

    Corporate form: Company under Luxemburgish law

    Head Office: 38 avenue John F. Kennedy, L 1855 99137 Luxembourg

    Registration: 831.001.334

    To contact an Amazon Web Services sales representative, please click HERE.

     

    1.4 Photograph Credits

    Photos:

    Francis Amiand

    Elodie Dupuis

    Videos:

    Tom Lutz

     

    2.    How can you contact us?

    You can contact us:

     

    By email:

    contact@mamashelter.com

     

    By letter:

    61 rue Servan, 75011 Paris

     

    On our Website: https://mamashelter.com.

     

    3.    Terms of use of the Website

    This section constitutes the ToU of the Website. It aims to define the methods and conditions of use of the Website by the user. The user of the Website is considered to be aware of and to respect the ToU.

     

    3.1     Copyright and trademark right

    The Website constitutes an author’s work in the sense of the applicable provisions of the French Intellectual Property Code. The presentation and each of the elements of the Website, including the domain name, the trademarks, logos, signs, drawings, illustrations, photographs, texts, graphics and other files appearing on the Website, are protected by French and international legislation in force regarding intellectual property and copyright legislation, and belong to MAMA SHELTER or are subject to an authorisation of use.

     

    In this regard, we benefit in our role as author of a protection granted by intellectual property legislation.

     

    The downloaded elements such as software, files, illustrations, data or any other content are the property of MAMA SHELTER. The photographs, texts, slogans, drawings, images, sounded or silent animated sequences, as well as all other works integrated in the Website are the property of MAMA SHELTER or of third parties having authorised MAMA SHELTER to use them. All commercial trademarks and commercial names used on the Website are trademarks or correspond to a distinctive trademark belonging to our company or to our partners, which have given us the right to utilise these trademarks and commercial names, as well as the licence necessary for this purpose.

     

    No element composing the https://mamashelter.com Website can be copied, reproduced, modified, republished, loaded, distorted, transmitted or distributed in any way at all, under any medium at all, partially or fully, without the written and prior authorisation from Mama Shelter except for a strict use for personal, private and non-commercial use without modification of the elements present on the Website. Any reproduction, representation, diffusion, use or modification, by any method at all and on any medium at all, and more generally, any use carried out for commercial purposes or for any other purpose of all or some of the Website or any one of the logos and/or trademarks is strictly forbidden and constitutes a counterfeiting offence, likely to engage the liability of its perpetrator. This prohibition goes for the process of reproduction, representation and/or modification, and whatever the duration of this.

     

    Any creation of links to the Website, any framing of the Website, and more generally any use of an element composing the Website, is subject to the prior and express authorisation from MAMA SHELTER which can be revoked at any time at its sole discretion. We reserve the right to (i) request the removal of any link to the Website which would not have been, or would no longer be, authorised, and to (ii) request damages to repair damage suffered due to this.

     

    The following mention must in particular appear on any authorised copy of all or some of the content of the Website: “©Copyright Mama Shelter SAS. Photographs appearing on the https://mamashelter.com Website are not contractual.”

     

    Any other use not expressly authorised of the https://mamashelter.com Website or of its elements would constitute a violation of Mama Shelter’s copyright sanctioned by articles L 355-2 et seq. of the French Intellectual Property Code.

     

    3.2     Rights of MAMA SHELTER in its role as database producer

    Any client, prospect or partner has a personal right, which is non-exclusive, unbreakable and non-delegable to view information contained on the Website for their own needs for the purpose of hotel booking.

     

    It is authorised to extract and/or reuse part of the content of the Website for personal viewing purposes, subject to this extraction and/or reuse not being based on a part, assessed in terms of quality or quantity, substantial of the content of the Website. Furthermore, the repeated extraction and/or reuse of content, even non-substantial, is also forbidden.

     

    Any total or partial reproduction of the Website for other purposes is expressly prohibited by articles L.342-1 and L.342.2 of the Intellectual Property Code. Communication to the public or all or some of the content of the Website is also forbidden, in any form and intended for any public at all.

    In particular, the use for commercial purposes of the content of this Website is expressly forbidden.

     

    3.3     Conditions of use of the Website

    The Website is made available to users for their personal and non-commercial use.

     

    Any displaying, downloading or printing of parts of documents contained on the Website must be intended for your strictly personal and non-commercial use.

     

    3.4     Availability of the Website

    We implement all means to ensure the operation of the Website 24/7.

     

    However, we cannot guarantee or assert that the functions contained on the Website will operate without interruption or without error. Consequently, we decline any liability, in particular in case of occurrence of bugs, errors, interruptions, maintenance operations on the Website leading to a temporary interruption.

     

    3.5     Security notice

    MAMA SHELTER does not guarantee the fact that the servers which host the Website have no virus or other damaging elements, or that a technical problem can occur which could damage the components of the user’s computer or mobile device (phone or tablet), or data which could be stored in them due to their use of the Website. In any case, neither MAMA SHELTER, not its subcontractors can be liable for any damage which could occur during the connection of a user on the Website.

     

    Moreover, it is expressly reminded that the internet is not a secure network and that internet access can have difficulties with security. We cannot guarantee an absolute protection against intrusions or eavesdropping. Under these conditions, it is your responsibility to take all appropriate measures so as to protect your own data from contamination by potential viruses or the third-party intrusion in your terminal’s system, and to proceed with data back-up beforehand and subsequent to the use of the Website.

     

    You acknowledge also to be fully informed of the unreliability of the internet network, quite specifically in terms of absence of security relating to the transmission of data and non-guarantee of performances relating to the volume and the speed of transmitting data. We do not guarantee that the Website has no errors, viruses or other damaging elements. It is therefore advised of you to not transmit over the internet, messages as well as files and data of any nature of which you would want to see confidentiality guaranteed in an infallible manner.

     

    3.6     External links on the Website

    The different sections of the Website can contain links to other Websites or internet sources. We exercise no control over these Websites or over these sources.

     

    We assume no responsibility as regards the availability of these Websites or of these sources, their content, advertisements, products or services, nor over any other information or data available on or from these Websites or external sources.

     

    In addition, we cannot be held liable for any proven or alleged damage or losses following, or in relation to the use or the action of having trusted the content, the property or services available on these Websites or external sources.

     

    In the event where you provide information to a Website to which we return, our liability cannot be engaged concerning the protection and the respecting of privacy by it. We ask you to, at all times, exercise caution before communicating information to Websites, and to be aware of all of their privacy protection policy and personal data.

     

    3.7     Behaviour of users on the Website

    Each user of the Website must use the internet responsibly, with respect and courtesy for the rights of other internet users.

     

    Any use of the Website by a user for commercial, personal purposes (other than the scope of personal activities), or for recreational purposes (multimedia “network” game, or others) is forbidden. You cannot, in any case, give access commercially or otherwise, renumerated or not, to the Website.

     

    Each user has a legal responsibility for the use they make of the Website.

     

    By acknowledging the overall nature of the internet network, each use is committed to respecting all local and international rules and procedures relating to online behaviour and to an acceptable content and in particular, the laws in force relating to the transmission of technical data. They are committed to respect the rules of IT ethics and in particular, any user by accessing the Website, is forbidden from:

     

    • using the Website in a fraudulent, abusive, or excessive manner;

     

    • viewing racist, paedophilic Websites, or Websites inciting hatred and violence;

     

    • committing offences and/or acts of piracy damaging the rights of everyone and people’s security;

     

    • intentionally carrying out operations which could have consequences of hiding their true identity, appropriating the password of another user, altering, modifying data or accessing information belonging to other users of the network, interrupting or disrupting the normal operation of the network or of one of the systems connected to the network, modifying or destroying information on one of the systems;

     

    • downloading to the Website or its terminal, displaying, sending by email or transmitting illegal, damaging, threatening, offensive, hassling, tortious, libellous, vulgar, obscene content by any means, contrary to good morals, damaging the privacy of a person, including their image rights, heinous or derogatory or shocking from a racial, ethnic or other standpoint;

     

    • downloading to the Website or its terminal, displaying, sending by email or transmitting by any other means, advertising or promotional elements, not requested or not authorised, of “advertising prints”, “misleading information”, “chain letters”, “indiscriminate” direct mail (spams, junk emails, etc.), or any other form of request;

     

    • downloading to the Website or its terminal, displaying, sending by email or transmitting by any other means, any illegal element or containing software viruses or other computerised codes, files or programs designed to interrupt, destroy or limit the functionality of any software or computer equipment or of any telecommunication equipment;

     

    • disrupting or interrupting the Website, or the servers or networks connected to the Website, or violating the requirements, procedures, rules or regulations of the networks connected to the Website;

     

    • attempting to damage the service of any user, host or network, which comprises, in absolutely non-exhaustive terms, the action of exposing the Website to a virus, creating a saturation, flooding the server, saturating the email inbox or also falsifying any subject line of the information packet of the TCP/IP protocol or any part of the information of the subject line appearing in any email;

     

    • accessing data which are not intended for the user or entering into a server or an account to which the user is not authorised to have access;

     

    • attempting to probe, scan or test the vulnerability of a system or of a network, or also violating the security or authentication measures without having received authorisation for this;

     

    • stealing the identity of another person;

     

    • leading an activity or inciting a third party to lead an illegal activity or any other activity which would damage the rights of MAMA SHELTER, its suppliers, partners, distributors, its advertisers, or the rights of any other user;

     

    • transmitting or transferring (by any means at all) information of software obtained from the Website, in particular to other countries or to foreign nationals in violation of a national or international law or regulation.

     

    At any time and for any reason at all, we can implement any means allowing to suspend or end, and this without prior notice, the use of the Website by a user or any of our services due to violating conduct, these ToU, without prejudice of any damage that we reserve the right to complain to the user in question, in case of not respecting the ToU.

     

    We advise you that the internet is a network transporting data likely to be protected by intellectual property, literary, artistic, photographic rights, or violating the legal provisions in force. We therefore forbid you from transmitting over the internet, any prohibited, illicit, illegal data, contrary to good morals or to public order and damaging, or likely to damage third-party rights, and in particular intellectual property, literary, artistic or photographic rights. You are solely responsible for any direct or indirect, material or immaterial damage, caused to any companies of our group and/or to third parties due to your use of the Website.

     

    Our liability cannot be engaged in case of malfunction or interruption of the activity on your terminal resulting from the use of the Website. We are not liable for any cost or damaged caused by the use of the Website.

     

    3.8     Website Surveillance

    We reserve the right, at our discretion, to remove any message and prevent any operation of any user likely to disrupt the correct operation of the network or not respecting the legal, ethic, deontological operation rules.

     

    On the request of the public and/or legal authorities, we can also exert a control, within the limits authorised by law.

     

    3.9     Modification or suspension of the Website

    We reserve the right, at our discretion, to modify or interrupt the Website, temporarily or permanently, without time constraints, and without obligation to notify.

     

    4.    Respecting privacy and personal data

    The information communicated by the user during their use of the Website can constitute personal data. The collection and processing of these personal data are governed by our privacy protection policy available HERE, which forms an integral part of these ToU.

     

    By using the Website, the user consents that we can collect personal data concerning them, in order in particular to provide them with access to the Website, to improve and optimise their role, sharing information with them, relating to our services and our current events, and to carry out statistical and analysis studies.

     

    The user is asked to view our privacy protection policy available HERE which describes the way in which MAMA SHELTER, acting as Data controller, is collecting, using, protecting and sharing personal data of its contacts, and also the rights that users have, relative to their personal data.

     

    The user is informed and acknowledges expressly that there are security, confidentiality risks, and risks regarding privacy inherent to the use of the Website. They assume a total responsibility in this regard and accepts that we give no assurance or guarantee relating to such risks.

     

    5.    Cookies

    The use of the Website can generate “trace files”, i.e. small text files likely to be recorded in a dedicated space on the hard drive of your terminal (computer, smartphone, tablet, etc.), and which can be used by websites for a better user experience, except for any data based on the content of correspondences exchanged or information viewed.

     

    The use of the Website is not done totally anonymously. In application of decree no. 2006-358 of 24 March 2006 relating to the conservation of data of electronic communications, traffic data must be kept for one (1) year from the date of it being recorded. Moreover, in the scope of a legal procedure, these files must be made available legally, “for research, observation needs, and the needs of pursuing criminal offences”. An extract of these files will thus be coupled with the extract of the database of the users in question. The other data collected such as subscription information are regularly removed when they are no longer necessary. According to the evolution of legislation, other information can be archived. Users will be immediately advised about this.

     

    The user is asked to view our Cookies Statement available HERE to find out more of these trace files and their configuration.

     

    6.    Applicable law

    These ToU are governed by French law regardless of any legal provision disputes. The French courts are solely competent for any dispute relating to these ToU, to the Website.

     

    In the event where one of the clauses of these ToU would be null and void due to a change in legislation, regulation, or by a court decision, this could not, in any case, affect the validity and the respect of other clauses of the ToU.

     

    7.    ToU updates

    We can, at our sole discretion, modify these ToU. The modifications are applicable and effective from their date of publication. By continuing to use the Website after the publication of modifications, you accept to comply with these. We ask you to view the ToU regularly, in order to be informed of any possible modification. The most recent version of our ToU remains permanently available.

  • MAMA SHELTER® Cookies Notice

     

    Important update (11/2020)

    MAMA SHELTER respects your concerns regarding privacy protection and acknowledges the importance of transparency concerning personal data that we collect about you. This Cookies Notice (the “Notice”) states what you must know regarding cookies and similar technologies that we use during your use of our website, accessible at the address https://mamashelter.com (the “Website”), and the reasons for which we use them.

     

    If you do not accept the use of these cookies, please deactivate them by following the instructions of this Notice. By continuing to use our Website without modifying the parameters of your browser, you accept the use of the cookies according to the provisions of this Notice.

     

    By visiting our Website, you acknowledge to be aware of our Privacy Protection Policy available HERE as well as our General Conditions of Use available HERE.

     

    This Notice may be subject to updates. We ask you to regularly view it on our Website, https://mamashelter.com.

     

    Table of contents

    1. What is meant by the term “cookies”?

    2. What types of cookies do we use and why?

    2.1 Cookies for technical and operational use (compulsory)

    2.2 Preferential cookies and cookies for purpose of personalisation

    2.3 Statistical cookies

    2.4 Advertising cookies

    3. How are cookies configured and managed?

    3.1 Agreeing to cookies

    3.2 Refusing cookies

    3.3 Configuring your choices

    3.4 Deactivating cookies

    3.5 Social networks and third-party cookies

    4. Duration for keeping cookies

    5. Respecting privacy and personal data

    6. How can you contact us?

    7. Applicable law

    8. Notice updates

     

    1.      What is meant by the term “cookies”?

    Our Website generates “trace files” or “cookies” to offer you a unique browsing experience.

     

    Cookies are small text files, likely to be recorded in a dedicated space of the hard drive of your terminal (computer, smartphone, tablet, etc.), which can be used by websites for a better user experience. They cover all technical connection and history data of the actions carried out by a user of our Website.

     

    Generally, these trace files record information relating to browsing on our Website, which can be read during subsequent visits. These files are likely to conserve information, such as pages viewed, the date and time of the viewing, the times, connection durations and the place of origin of the communications, the IDs of the connection (IP address, mac address, etc.), the tracers deposited and/or read, for example, during the viewing of a website, of the reading of an email, of the installation or of the use of a piece of software or a mobile app, except however for any data based on the content of correspondences exchanged or information viewed. Cookies also allow, within our Website, your automatic identification without having to re-enter your username and your password at each connection.

     

    Our Website has different types of cookies:

      • for technical purposes for the correct operation of our Website;
      • for purposes of personalising the content of our Website according to your preferences;
      • for statistical purposes for analysing our traffic;
      • for advertising purposes to offer you services and offers adapted to your areas of interest.

    Some are placed by third-party services websites which appear on our pages.

    These files are essential to the administration of the systems and are used to fix the malfunctions of the Website or IT systems used. They do not include ID information about our users. If you want to fully use the functionalities of our Website, the installation of certain so-called operational cookies, is necessary. You can refuse the installation of cookies, by changing the parameters of your web browser. However, this operation will lead to the removal of cookies used by the browser, which can lead to the loss of certain information or settings.

     

    The law stipulates that we can only store cookies on your device if they are strictly necessary for the operation of our Website. For all other types of cookies, we need your permission. At any time, you can change or remove your consent as soon as the declaration is made relating to the cookies on our Website, or later in your parameters.

     

    The use of our Website is not done totally anonymously. In application of decree no. 2006-358 of 24 March 2006 relating to the conservation of data of electronic communications, traffic data must be kept for one (1) year from the date of it being recorded. Moreover, in the scope of a legal procedure, these files must be made available legally, “for research, observation needs, and the needs of pursuing criminal offences”. An extract of these files will thus be coupled with the extract of the database of the users in question. The other data collected such as subscription information are regularly removed when they are no longer necessary. According to the evolution of legislation, other information can be archived. Users will be immediately advised about this.

     

    If we must otherwise use the information relating to you collected by us, you will inform you about this, at the time of collection, or we will ask you for your authorisation.

     

    2.      What types of cookies do we use any why?

    The complete list of cookies that we use on our Website is available at this link: click HERE.

     

    2.1 Cookies for technical and operational use (compulsory)

    These cookies only relate to the operation of our Website. We use them to activate our Website’s services that you have specifically requested.

     

    These cookies are essential and necessary for ensuring the optimal operation of our Website, and to allow you to use their services and functionalities. Without these cookies which are absolutely necessary, our Website would not operate as well as we would want. We would thus be unable to provide certain services or functionalities requested.

     

    These cookies relate to:

      • browsing sessions (technical browsing session, servers used);
      • display cookies (display resolution, operating system, browser used);
      • cookies for detecting a previous visit (allowing the push the latest restaurant searches, for example).

     

    For such cookies, the user cannot deactivate them from the Website, but can do so from the configurations of their web browser.

     

    This category of cookies must not be deactivated. If you use the parameters of your browser to block the cookies strictly necessary, we cannot guarantee your security, nor predict how the Website will operate during your use.

     

    2.2 Preferential cookies and cookies for purpose of personalisation

    These cookies collect information about your choices and preferences. They help to identify the user during the session, which allows us to offer you a personalised browsing experience and to not repeat the same authentication procedures several times or to receive the same information, etc.

     

    These cookies allow you to carry out the essential functions on our Website and ensure the transmission of browsing information necessary for the correct operation of our Website. They keep a field element of a repeated form in memory during a browsing session.

     

    2.3 Statistical cookies

    These cookies allow us to monitor the activity of the Website, to establish statistics for visiting and using various elements composing our Website (sections and content visited, paths, etc.), in order to improve their interest, ergonomics and performance according to their actual use.

     

    These data are collected anonymously.

     

    These cookies allow us to generate reports and statistics regarding use, about the way in which visitors use our Website, and to improve the users’ experience and our Website’s quality.

     

    These cookies relate to:

      • audience measuring cookies (statistical data regarding visits and use, in order to improve the interest and ergonomics of the Website);
      • browsing analysis cookies.

     

    These types of cookies require a consent from the user.

     

    This analysis can be conducted by websites and third-party services, in which case they are considered as third-party cookies. We use, in particular, Google Analytics to measure the effectiveness of our advertisements and to monitor the way in which visitors use our Website. In case of adding one or more new partners, your consent will again be requested for the type(s) in question.

     

    2.4 Advertising Cookies

    These cookies are used for marketing purposes. They allow us to display on the Website, the advertising content corresponding to your areas of interest.

     

    These cookies are placed by third-party advertising agencies; they collect data about your browsing habits in order to display more relevant advertisements according to your areas of interest based on your online browsing.

    Example of use of performance and analysis cookies:

     

      • offering your advertisements based on your areas of interest following the use of our Website;
      • communicating to third-party advertising agencies and to social networks, data about your use of our Website, such that it can offer you advertisements based on your areas of interest;
      • controlling the effectiveness of the advertisement by way of monitoring the rate of converting potential clients into actual clients (records the fact that you have made a purchase after having followed a link to our Website coming from a third-party website).

     

    If you deactivate these cookies, you will not receive our targeted advertisements on the different websites that you visit.

     

    These types of cookies require a consent from the user.

     

    These cookies can be generated by third-party websites and services, in which case they are considered as third-party cookies. In case of adding one or more new partners, your consent will again be requested for the type(s) in question.

     

    3.      How are cookies configured and managed?

    You are informed that you can oppose the recording of cookies by configuring your browser. If you decide to change your parameters and to deactivate cookies, you will not be able to completely benefit from all the functionalities of our Website.

     

    3.1 Agreeing to cookies

    The recording of a cookie in a browser is subordinated to the consent of the browser’s user, that they can express and change, at any time, and free of charge, through the choices that they are offered by their browsing software. If you have accepted in your browsing software, the recording of cookies in your browser, the cookies integrated in the pages and content that you have viewed can be stored temporarily in a dedicated space of your browser. They will be readable there, only by their issuer.

     

    We inform you that by continuing your browsing on our Website, in particular by way of a positive action such as scrolling or clicking on an element of the Website (image, link, “search” button), you accept the depositing of cookies on your terminal for the purposes determined above. You can, at any time, oppose the depositing of a specific cookie, or even change your choices, in particular by configuring your browser.

     

    3.2 Refusing cookies

    If you refuse the recording of cookies in your browser, or if you remove those that are recorded there, you can no longer benefit from a certain number of functionalities which are necessary for the use of our Website. Such would be the case if you attempt to access our content or services which require you to identify yourself. The browsing session and the authentication, in particular, are managed via cookies. By deactivating them, you will not be able to use certain services for which authentication is required. Such would also be the case when we (or our service providers) cannot recognise, for purposes of technical compatibility, the type of browser used, its language and display parameters or the country from which your browser appears connected to the internet.

     

    We attract your attention to the fact that we are not liable for consequences linked with the degraded operation of our Website resulting from it being impossible for us to record or to view the cookies necessary for their operation and which you would have refused or removed.

     

    3.3 Configuring your choices

    To obtain general information about the way of adjusting your preferences regarding cookies, please follow this link: http://www.allaboutcookies.org/fr/

     

    You can also use the links below to find out more about managing cookies with the main internet browsers (which can be used on PCs and MACs).

     

    Microsoft Internet Explorer

    https://support.microsoft.com/fr-fr/help/17442/windows-internet-explorer-delete-manage-cookies 

    Microsoft Edge

    https://privacy.microsoft.com/fr-fr/windows-10-microsoft-edge-and-privacy

    Google Chrome

    https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en 

    Safari Mac

    https://support.apple.com/kb/PH21411?locale=fr_FR&viewlocale=fr_FR 

    Safari iPhone/iPad

    https://support.apple.com/fr-fr/HT201265 

    Firefox

    https://support.mozilla.org/fr/kb/activer-desactiver-cookies-preferences?redirectlocale=fr&redirectslug=Activer+et+d%C3%A9sactiver+les+cookies

    Opera: http://help.opera.com/Windows/10.20/fr/cookies.html

     

    Some browsers also offer a “Do Not Track” option. Furthermore, you can click on the “Help” menu in your browser to find out how to change your preferences regarding cookies.

     

    3.4 Deactivating cookies

    To change your parameters and deactivate cookies, we ask you to go directly to the following address:

     

    Google Analytics

    https://tools.google.com/dlpage/gaoptout?hl=fr

     

    3.5 Social networks and third-party cookies

    Our Website can resort to IT applications or cookies coming from third parties.

    To change your parameters and deactivate cookies coming from third parties, we ask you to make yourself aware of articles 3.3 and 3.4 of this Cookies Notice.

     

    3.6 Duration for keeping cookies

    Cookies and other browsing data collected are kept for a maximum duration of thirteen (13) months from their depositing on your terminal. Upon the expiry of this timeframe, your consent will again be required.

     

    4.      Respecting privacy and personal data

    The information communicated by the user during their use of the Website, as well as the technical information collected by the host, can constitute personal data. The collection and processing of these personal data are governed by our Privacy Protection Policy available HERE.

     

    By using our Website, the user consents that we can collect personal data relating to them, in order in particular to provide them with access to the Website, to improve and optimise its quality, sharing information with them relating to our services and our current events, and to carry out statistical and analysis studies.

     

    The user is asked to view our Privacy Protection Policy available HERE which describes the way in which MAMA SHELTER in its role as manager of collection processing, uses, protects and shares personal data of its contacts, as well as the rights that users have relative to their personal data.

     

    The user is informed and expressly acknowledges that there are risks of security, confidentiality and risks relating to privacy inherent to the use of the Website. They assume a total responsibility in this regard and accepts that we give no assurance or guarantee relating to such risks.

     

    5.      How can you contact us?

    For any question regarding this Notice and about protecting personal data at MAMA SHELTER, you can contact us:

     

    By email:

    data-privacy@mamashelter.com

     

    By letter:

    MAMA SHELTER

    Personal Data

    61 rue Servan

    75011 Paris

     

    6.      Applicable law

    This Notice is governed by French law independently of disputes of legal provisions. French courts are solely competent for any dispute relating to this Notice.

     

    In the event where one of the clauses of this Notice would be null and void because of a change in legislation, regulation, or by legal decision, this would not, in any case, affect the validity and the respect of the other clauses of the Notice.

     

    7.      Notice updates

    We can, at our sole discretion, modify this Notice. Modifications are applicable and effective from their date of publication. By continuing using our Website after the publication of modifications, you accept to comply with these. We ask you to view the Notice regularly, in order to be informed of any possible modification. The most recent version of our Notice remains permanently available on the Website.

  • Mama Shelter® General Trip Booking Conditions

     

    Important update (11/2020)

     

    This document constitutes the general booking conditions (the “GCs”) of Mama Shelter Establishments. The GCs will be accessible at the address (the “Website”).

    By making a booking with our Establishments, you (the “Client” or “You”) accept these GCs, and acknowledge to be aware of our Privacy Protection Policy available HERE as well as our Cookies Notice available HERE.

     

    PRELIMINARY ARTICLE – DEFINITIONS

    Below in this document, the terms below will have the following meaning:

    Client”: An adult natural person having full legal capacity during the subscription of the booking contract, or legal entity duly represented by a natural person having the role and legal capacity to represent it.

    Establishments”: means hotel or tourism residence under the name of Mama Shelter for which it is possible for a Client to make a Booking.

     

    The Establishments are as follows:

    MAMA SHELTER BELGRADE”: means the company ABD O.O., company under Serbian law, with its head office located at 10 Uzun Mirkova Street, Belgrade Serbia, Identification No 17409280. Mama Shelter Belgrade Establishment: Kneza Mihaila 54A, 11000 Belgrade, Serbia.

    Email: belgrade@mamashelter.com

    Telephone: +381 11 3333 000

     

    MAMA SHELTER BORDEAUX”: means the SAS MAMA BORDEAUX, with a capital of 50000 euros, incorporated under the number 528.847.874 in the Paris Trade and Companies Register, having its Head Office located in Paris (75011), 61, rue Servan (France). Mama Shelter Bordeaux Establishment: 19 rue Poquelin Molière 33000 Bordeaux.

    Email: bordeaux@mamashelter.com

    Telephone: +33 (0)5 57 30 45 45

     

    MAMA SHELTER LUXEMBOURG”: means the SARL CMIL under Luxemburgish law, with a capital of 625000 euros, registered in the Commercial Register of Luxembourg under the number B8505 and with its Head Office located in Luxembourg – L-2226 – 6, Rue du Fort Niedergrünewald. Mama Shelter Luxembourg Establishment: 2, rue du Fort Niedergruenewald, L-2226 Luxembourg.

    Email: luxembourg@mamashelter.com

    Telephone: (+352) 20804400

     

    MAMA SHELTER LONDON”: means the company MHD Ltd under English law, registered under the number 6402554, with its Head Office located at Belgrave Court, 73 Temple Street, Bethnal Green, London E2 6GE, United Kingdom. Mama Shelter London Establishment: 437 Hackney Road E2 8PP London.

    Email: eastlondon@mamashelter.com

    Telephone: +44 20 7613 6500

     

    MAMA SHELTER LOS ANGELES”: means the company GRE MAMA LA OWNER LLC, company of Delaware having its Head Office in Los Angeles. Mama Shelter Los Angeles Establishment: 6500 Selma Ave, Los Angeles, CA 90028, United States.

    Email: losangeles@mamashelter.com

    Telephone: 323.785.6600

    MAMA SHELTER LILLE”: means the company SHM HOTEL, SAS with a capital of 1000 euros, incorporated under the number 821.185.634 in the Paris Trade and Companies Register, and with its Head Office located at 153 rue du Faubourg Saint-Honoré 75008 Paris. Mama Shelter Lille Establishment: 97 Place Saint Hubert 59000 Lille.

    Email: lille@mamashelter.com

    Telephone: 03.59.82.72.72

     

    MAMA SHELTER LYON”: means the SAS MAMA LYON, with a capital of 5000 euros, incorporated under the number 528.702.046 in the Paris Trade and Companies Register and with its Head Office located in Paris (75011), 61, rue Servan (France). Mama Shelter Lyon Establishment: 13 rue Domer 69007 Lyon.

    Email: lyon@mamashelter.com

    Telephone: +33 (0)4 78 02 58 00

     

    MAMA SHELTER MARSEILLE”: means the SAS MAMA MARSEILLE, with a capital of 50000 euros, incorporated under the number 522.565.050 in the Paris Trade and Companies Register and with its Head Office located in Paris (75011), 61, rue Servan (France). Mama Shelter Marseille Establishment: 64 rue de La Loubière 13006 Marseille.

    Email: marseille@mamashelter.com

    Telephone: +33 (0)4 84 35 20 00

     

    “MAMA SHELTER PARIS EAST”: means the SAS MAMA PARIS, with a capital of 2000 euros, incorporated under the number 824.635.651 in the Paris Trade and Companies Register and with its Head Office located in Paris (75011) 61, rue Servan in Paris (France). Mama Shelter Paris East Establishment: 109, rue de Bagnolet 75020 Paris.

    Email: paris@mamashelter.com

    Telephone: +33 (0)1 43 48 48 48

     

    MAMA SHELTER PARIS WEST”: means the SAS MAMA PARIS WEST, with a capital of 2000 euros, incorporated under the number 843.801.762 in the Paris Trade and Companies Register and with its Head Office located in Paris (75011) 61, rue Servan in Paris (France) Mama Shelter Paris West Establishment: 20 avenue de la Porte de la Plaine 75015 Paris.

    Email: pariswest@mamashelter.com

    Telephone: 01.70.94.14.00

     

    MAMA SHELTER PRAGUE”: means the company PARKHOTEL HOLEŠOVICE s.r.o., SARL of Czech law, registered under the number 01798375, Section C 211986, of which the Head Office is located in Veletržní 1502/20, Holešovice, 170 00 Prague 7. Mama Shelter Prague Establishment: Veletržní 1502/20, 170 00 Prague 7-Holešovice.

    Email: prague@mamashelter.com

    Telephone: +420 225 117 111

     

    MAMA SHELTER TOULOUSE”: means the SAS KEYS TOULOUSE M EXPLOITATION, with a capital of 15000 euros, incorporated under the number 841.347.834 in the Paris Trade and Companies Register and with its Head Office located in Paris (75009), 11, rue Jean Mermoz (France). Mama Shelter Toulouse Establishment: 54-56 Boulevard Lazare Carnot – 31000 Toulouse.

    Email: toulouse@mamashelter.com

    Telephone: +33 (0)5 31 50 50 05

     

    MAMA SHELTER”: means the company MAMA SHELTER, simplified joint-stock company with a capital of 1732110 euros, incorporated under the number 498.495.472 in the Paris Trade and Companies Register and with its Head Office located in Paris (75011) 61, rue Servan in Paris (France), owning in particular the Mama Shelter brand under which the Establishments are operated. For the needs of this document, MAMA SHELTER acts in the name of and on behalf of all the Establishments.

     

    Service(s)“: means in particular the accommodation services proposed and provided by the Establishments, as well as all the ancillary services also proposed by the Establishments (restauration, karaoke rental, extras, etc.).

    Booking(s)”: means any booking of a Service in one of the Mama Shelter Establishments, whether made online, over the telephone or via email.

    Website”: electronic service, operated by MAMA SHELTER on the internet network and accessible at the URL address http://mamalovesyou.com or www.mamalovesyou.com from a fixed or mobile terminal.

     

    ARTICLE 1 – FIELD OF APPLICATION

    1.1 Extent

    These GCs are applied, without restriction nor reserve to all Bookings with Establishments under the name of MAMA SHELTER.

    Specific particular conditions can however be applicable in the scope of group Bookings or for particular events.

     

    1.2 Duration

    These GCs are applied for the whole duration of commercialising the temporary accommodation services and other complementary services proposed by the Establishments under the name of MAMA SHELTER.

    MAMA SHELTER reserves the right, without notice or compensation, to temporarily or definitively close, totally or partially, the Establishments, the Website, the online booking space or any other booking method.

    MAMA SHELTER will not be liable at all for damages of any nature which can result from a temporary unavailability of all or some of the Website or booking procedures.

    MAMA SHELTER reserves the right to adapt or modify these GCs at any time. In case of modification, the GCs in force at the time of the Booking will be applied.

     

    1.3 Legal framework

    These GCs are subject to the provisions of articles L. 221-1 et seq. of the Consumer Code.

    Any Booking is subject to these GCs, as well as to the particular conditions for each of the Services proposed by MAMA SHELTER.

     

    1.4 Purpose 

    These GCs define the rights and obligations of the parties in the scope of Service Bookings proposed by MAMA SHELTER.

    The GCs govern all the steps necessary for fulfilling and monitoring the Booking, its maintenance and its validity, and for the payment of the pertaining rate.

     

    ARTICLE 2 – CAPACITY AND ACCEPTANCE OF THE CLIENT

    Any Client acknowledges to have the capacity to enter into contact with the conditions described in the GCs presented below, i.e. to have legal majority and not be under supervision or guardianship. To this end, MAMA SHELTER reserves the right to request the Client, at the time of their arrival in the Establishment, a document supporting their identity, indicating in particular their date of birth. Any minor person must be compulsorily accompanied by a person who justifies the parental authority over this minor. Concerning foreign Clients, they are obligated to fill in an individual policy sheet in the countries in question by such regulations, in France in line with the provisions of article R.611-42 of the Code of Entry and Residence of Foreigners.

    The Client acknowledges that these GCs form an integral part of the Booking contract that they conclude with MAMA SHELTER and that they made themselves aware, beforehand, of the validation of their Booking and have freely accepted all of its terms. The Client accepts therefore that the GCs, or any other contractual document informing them of the features of the particular Services and associated rates are presented to them online on the Website for the purpose of concluding the Booking contract. The Client declares therefore to have obtained from MAMA SHELTER and the Establishments, all the necessary information beforehand for their Booking.

    Any Booking validation by the Client requires the prior acceptance of these GCs in their entirety. They have the ability to save and edit these GCs from the Website by using the standard functionalities of their browser and/or computer.

    The Client accepts expressly that inputting the bank information required during the Booking process, the acceptance of these GCs and the validation of the Booking request (in particular, by the Client clicking on the button “Confirm”) constitute an electronic signature in the sense of article 1367 of the french Civil Code which has, between the parties, the same value as a handwritten signature.

     

    ARTICLE 3 – BOOKING

    The Website offers the possibility for the Client to book a room in the Establishment of their choice, according to the transparent contractual rates with or without options or extras, which the Client is free to subscribe to.

    The Client acknowledges to be aware of the features of the Establishment selected and the methods for Booking the Services available on the Website, and to have requested and obtained any necessary and/or complementary information to make their Booking in perfect knowledge.

    The Client is solely responsible for the choice of the Services and their suitability for their needs, such that the liability of MAMA SHELTER and the Establishments cannot be sought at all in this regard.

    For any booking made ahead of the opening of an Establishment: the Client acknowledges that it is subject to the opening of the Establishment and accessibility to the premises reserved on the date of the Client staying. In case of unavailability, the Client will be notified, at the latest, 45 (FORTY-FIVE) days before the planned arrival date. MAMA SHELTER will then propose to the client a booking in an Establishment of the Accor chain or other brand, depending on availability, of similar or lower standing. The Client will be free to accept the change of Establishment or to cancel the Booking. In case of cancellation of the Booking by the Client, MAMA SHELTER will proceed with refunding the paid deposit. In no case can MAMA SHELTER be held responsible for a delay in opening or a change of proposed Establishment. The delay in the date of opening or the change of Establishment cannot give the right to any compensation in favour of the Client against MAMA SHELTER or any other subsidiary of the group.

     

    3.1 Online booking process

    Bookings made by the Client can be made throughout a booking tool, accessible online on the Website.

    The Booking is considered as accepted by the Client from the Booking process by clicking on the field, “Confirm”.

    The Booking is considered as formed from the sending of the Booking confirmation by MAMA SHELTER.

    The Client is committed, prior to any Booking, to filling in the information requested. The Client attests that the information given is true and accurate.

    The secure Booking procedure in particular comprises the following steps – being specified that, on the one hand, at each step, the page which is displayed includes the summary of the previous steps, and on the other hand, that it is always possible for the Client to abandon the Booking before definitively confirming it, or to back out in the Booking process, by clicking on the previous step to modify its data :

      • 1st page: choosing the place to stay: the Client determines the Establishment by a click, by choosing the city in which they want to stay;
      • 2nd page: choosing the start date of the stay (check-in date) and the end date of the stay (check-out date) on the calendar;
      • 3rd page: choosing the number of rooms;
      • 4th page: choosing the number of adults for the room;
      • 5th page: choosing the number of children for the room;
      • 6th page: choosing the type and size of the room, then choosing the rate;
      • 7th page: choosing the extras (optional);
      • 8th page: displaying the summary of the Booking and filled-in data;
      • 9th page: after having clicked on the “Book” button, the Client must indicate the necessary information to finalise their Booking: their identity, their contact details, their payment method, the information from their bank card being used to pay online and the bank guarantee of the Booking. They must also accept these GCs, as well as the Privacy Protection Policy.

     

    MAMA SHELTER acknowledges receipt of the Booking from the Client by sending an email to the Client to the email address that has been given beforehand.

    In the case of online booking, the acknowledgement receipt of the Booking by email summarises the main features of the Booking: the Services booked, the rates, the main applicable booking conditions, such as accepted beforehand by the Client, the dates of the stay, the information relating to Customer Service, as well as the address of the Establishment to which the Client can complain, if necessary.

     

    3.2 Booking by telephone, fax or email

    At the time of a booking request by telephone, fax or email, the Establishment selected proposes – by telephone, fax or email sent to the number or to the email address for sending the Booking request – the rates available in real time and the pertaining complementary Services according to the request of Client on the dates that they request.

    These GCs and the summary of the Booking request of the Client are also sent to the Client by fax or email, as well as, if necessary, a request to give bank details for needs relating to registering the Booking (optional prepayment or payment of a deposit according to the rate selected, and for needs to constitute a bank guarantee).

    Only the written confirmation of the Booking registration by fax or by email will conclude the Booking contract.

     

    3.3 Right of withdrawal – Cancellation

    The Client is reminded, according to article L.221-28 12° of the French Consumer Code, that they have no right of withdrawal such as provided in article L.221-18 of the French Consumer Code, as soon as the Services are provided on a date or according to a predetermined periodicity.

    Without prejudice of the provisions outlined above, the contractual conditions can, if necessary, according to the methods of the Booking validated by the Client such as indicated for each rate, an ability to cancel when the Booking is made under the wording “Flexible rates”. In this event, the Client has been able to be aware of their cancellation right and the pertaining contractual conditions, which is reminded of to them, before the validation of their Booking and also in the confirmation of their Booking sent by the Establishment selected.

    If the particular conditions of the Booking allow it (i.e. for the “Flexible rates” booked), the right to cancel by the Client must be exerted as a minimum, 48 hours in advance, and before midday local time of the country of the Establishment.

    The late notification of the cancellation leads to the application of pertaining late cancellation costs: these costs are of an amount equal to one night of accommodation, increased by possible extras appearing in the Client’s Booking, according to the applicable rate, inclusive of all taxes.

    The Client can use their ability to cancel on the Website by clicking on the “Cancel” button, bringing the Client to the dedicated page for this purpose and where the Client must respect the steps indicated in order to exert their right.

    The Client is reminded that Bookings with payment during the Booking process (prepayment) proposed in particular under the wording “internet/standard/special offers/promotional rates/Rack/Hot Deal packages/Promotions/internet rates/Best rate/Packages and rack rates/etc.” cannot form the subject of any modification or cancellation. The sums paid will not form the subject of any refund, nor any exchange.

    In case of a stay being interrupted, all of the price of the Booking will be taken without right to refund or to any credit note or exchange for the Client for the unconsumed portion of the Services in the Establishment.

    Except for any express provision on the contrary, the Client must leave their room before midday (12:00pm) on the day of the end of their stay. Failing that, they will be billed for one night specific to the rate in force on this day.

    Without prejudice of application of the cancellation right under the abovementioned conditions for the “Flexible rates”, any occurrence of the Client not showing up at the Establishment without informing the Establishment beforehand to take possession of the booked room, means that their Booking is freed up in its entirety, implying that it is available again for the night(s) booked and automatically leads to all of the costs relating to the stay booked needing to be paid, and this, inclusive of all of the nights and extras booked, inclusive of taxes, without any right to refund for the benefit of the Client.

     

    ARTICLE 4 – RATES – PAYMENT

    4.1 Rates

    The rates pertaining to the Booking of the Services are indicated before and during the Booking process. The rates are valid in real time, whatever the Booking method selected by the Client: the rates are valid at the time of the Booking request formulated by the Client. These rates are also accessible under the section “view of available rates on the calendar”. In any case, the specific rate-related conditions linked to each rate/room type, or complementary services, appear opposite each of the Services which are the subject of the Booking by the Client.

    The rates displayed are only valid for the duration indicated on the Website.

    The rates indicated are perceived per room, for the number of people and the dates selected by the Client, and – except for subscribing to a specific extra for this purpose – the rates relate to a hiring the room (check-in) by the Client at 3:00pm and giving it back (check-out) at 12:00pm.

    The city or tourism tax indicated for each rate is to be paid directly onsite to the Establishment: it is not included in the price of the Booking.

    The rates are subject to VAT and are displayed as an amount including tax and VAT, at the rate in force at the time of confirming the booking in the currency of the country according to the IP address of connection. The prices take into account the VAT applicable on the day of the Booking and any change of the rate applicable to VAT will be automatically passed onto the prices indicated, in particular in case of change of rate applicable on the day of consumption of the stay and extras subscribed to, with respect to the rate applicable at the time when the booking is made.

    All Bookings, whatever their origin, are payable in the local currency indicated for the Establishment. The conversion into foreign currency indicated at the time of the Booking is given for information purposes and is not at all contractual. Only the currency confirmed at the time of the Booking is guaranteed. If the payment is made in a currency other than the currency of the country where the Booking has been made (Locality of the IP address), the exchange costs will be the Client’s responsibility.

    If a rate implies that the payment is made directly to the Establishment at the time of arrival (check-in) or of departure (check-out) of your stay, and that the currency of the Client is not the same as that of the country in which the Establishment is located, the rate debited by the latter is likely to be different from that which has been communicated at the time of the Booking, given the possibility for exchange rates to change between the booking date and the dates of the stay in the selected Establishment.

    The rates are systematically indicated at the time of the Booking process on the Website. This is the same for the total price of the Booking before validation by the Client, and this until the last step, after acknowledgement receipt of the Booking also summarising the content of the Booking and the rate applied.

    Any discount or reduction will not be made by the Establishments for payment before the dates and conditions appearing in these GCs, or online by a payment during the Booking process or on the bill sent by the Establishments.

    The existence of rates indicated as “Internet/Standard/Best rate” at the time of the online, or offline (by telephone, fax or email) Booking process, are not at all exclusive of the existence of a rate at a lower price for the same services, which would have been offered before or which would be proposed after the process, under an identical or different commercial wording, but which are no longer or are not also in force at the time of the booking. To this end, the creation of rates at a price lower than that indicated in the booking, and which would be in force at a time other than that to which the booking is made, can never lead to the application of these lower rates for the benefit of the Client. Only the contractual rate, in force at the time of the booking, is valid between the parties.

     

    4.2 Payment

    To validate their Booking, the Client must communicate their bank details as security for the Booking, and – if necessary – for the purpose of payment of their Booking in case of special conditions or rates requiring an online payment such as stipulated during the Booking process and, in particular those proposed under the wording “Prepaid, Hot Deal breakfast included, Prepaid breakfast included, Sexy Offer, Kidz Deal, Long Stay, Stay longer and save, Stay longer and save, breakfast included», being specified that – except, in case of special conditions or rates, requiring a prepayment of the amount of the Booking according to computerised payment – the debiting of the payment made directly to the Establishment during the stay.

    The Client must thus communicate the details of their bank credit card (Visa, Mastercard International, Eurocard/Mastercard, American Express) by indicating directly in the area provided for this purpose, the card number, without any space between  the figures, as well as its date of validity and the visual cryptogram, via the payment platform dedicated for this purpose. The same goes for the communication of the bank details required in the scope of Bookings made by telephone, fax or email according to the conditions indicated below which imply either a payment at the time of the Booking, or the requirement of a security deposit by bank card imprint according to the rate of the Booking.

    The service provider selected by MAMA SHELTER in order to secure bank payments and the communication of bank details, verifies the validity of the Client’s payment card. Their payment card can be refused for several reasons: stolen card, blocked card, limit reached, error in entering details, etc. In case of difficulty of prevention, the Client must contact their bank to identify their origin and to be able to proceed with their Booking.

    In any case, a bill is produced as two copies by MAMA SHELTER, of which one copy is given to the Client at the time of their departure (check-out) of the Establishment at the end of the stay.

    During the Client’s stay, if the amount of the Client’s bill relating to the Extras exceeds the value of 400 euros, the Establishment can require their payment.

    In any case, any Extra or other Service which would have been booked and provided by the Establishment during the Client’s stay, except in case of prior payment of this Service, must be paid by the Client at the latest, at the time of the Check-out.

    It is specified that payment by cheque is not accepted, and this, whether temporary accommodation Services, and/or restauration Services, extras, and/or any other Services or sales of products delivered by the Establishments to the Client during their stay.

    In the scope of a booking of a karaoke room, the Client declares to accept the payment conditions of our service provider, Stripe here.

     

    ARTICLE 5 – COMPLAINTS

    For any complaint relating to a Booking made in one of the Establishments, the Client must send a letter by post or by email to the booked Establishment to the corresponding addresses mentioned in the preliminary article in these GCs.

    In case of a technical and/or overbooking problem occurring, preventing the Establishment from proceeding with the booking made by the Client, MAMA SHELTER is committed to informing the Client as soon as possible and to immediately refund them the price of the booking. The Client cannot claim any additional compensation, penalty or damages from MAMA SHELTER.

    The Client is informed of the possibility to resort, in case of dispute relating to these General Conditions, to a conventional mediation procedure or to any other alternative method for settling disputes, under the conditions provided under Title I of Book VI of the Consumer Code.

    After having referred to Customer Service to attempt to resolve the dispute out-of-court, and failing any satisfactory response or the absence of any response within a timeframe of sixty (60) days from referring to it, the Client can thus refer to the Travel and Tourism Mediator by email via the referral form available on the website internet www.mtv.travel, or by letter to the following address:

    Association de Médiation Tourisme et Voyage (MTV) (Travel and Tourism Mediator)

    17 avenue Carnot

    75017 PARIS

     

    ARTICLE 6 – LIABILITY – FORCE MAJEURE

    6.1 Non-execution of the Booking

    In any case, MAMA SHELTER cannot be held liable in case of non-execution of the Booking and/or it not being registered, and in particular because of the Client who would not correctly have made their Booking according to the conditions set in these GCs and according to what is displayed on the fixed or mobile computerised terminal of the Client during the online Booking process.

     

    6.2 Limits of the internet network

    Moreover, by booking on the Website, the Client acknowledges and accepts the features and the limits of the internet network, in particular relating to technical performances, the response times for viewing, questioning or transferring information, the risks of interruption, the risks linked to the connection, the absence of protection of certain data against possible diversions and the risks of contamination by possible viruses circulating over the network.

    MAMA SHELTER could not be held liable for malfunctions which could affect the internet network and the Website, or for any configuration problem or linked to a given terminal or browser.

    MAMA SHELTER does not guarantee either, that the Website operates without interruption, or that it does not contain any IT error.

    Likewise, hypertext links present on the Website can return to other websites, MAMA SHELTER is not at all liable for the content of these websites and for the services proposed.

    Consequently, MAMA SHELTER’s liability could not, in any case, be engaged directly or indirectly in case of transmission or communication cut-off problems, connection difficulties or impossibilities, or the Website’s server breaking down.

    More specifically, MAMA SHELTER could not be held liable for any damage, material or immaterial, direct or indirect, caused to Clients, to their IT equipment and to the data which are stored in it, and to the consequences which could arise regarding their personal, professional or commercial activity.

    Likewise, although the Establishments offer, more specifically in booked rooms or apartments, an interest access service by wi-fi, in case of total or partial operating failure of this service for any reason at all, for the duration of the stay in the Establishment, no right to terminate the Booking, nor any compensation at all could result from this for the benefit of the Client.

     

    6.3 Force Majeure

    MAMA SHELTER cannot be held liable because of the total or partial inexecution of its obligations under the Booking in case of force majeure event in the sense of the jurisdiction of article 1218 of the Civil code, or more generally, of any action of a third party, action of the Client, or action of the commercial partners, and in particular but in a non-limiting manner, in case of unavailability of the internet network, impossibility of accessing the Site, external intrusion, computer viruses or in case of prepayment not authorised by the Client’s bank.

    The execution of MAMA SHELTER’s obligations will thus be suspended in case of an event occurring, which would prevent their total or partial fulfilment: MAMA SHELTER will advise the Client about this as soon as possible.

     

    6.4 Guarantee

    MAMA SHELTER endeavours to ensure that photographs, the graphic representations and the texts reproduced to represent the Establishments give an overview as accurate as possible of the accommodation, restauration Services and other complementary Services proposed. However, the photographs are non-contractual, as, on the one hand, the different rooms, even when they fall under an identical rate include all the different dimensions, and on the other hand, variations can occur in particular because of the change of furniture, new décor or possible renovations. Except for a Booking which has occurred with an express request for allocating a room and which would be confirmed in writing, in this sense, by the Establishment, the Client cannot claim any complaint, hence as soon as these variations are based on the main features of the Service.

     

    6.5 Valuable items 

    A safe-deposit box is made available to clients upon receipt of the Establishment for any depositing of valuable items such that the Client can, as soon as they arrive in the Establishment, request the use of this service, and this, without any additional cost, by going to the Establishment’s reception.

    In any case, MAMA SHELTER will not be liable for thefts or damage caused to valuable items left by the Client in rooms or in vehicles parked in the Establishment’s carpark. Consequently, by express agreement between the parties, constitutes, a failure of the Client, of which they will cover all consequences, the action of not entrusting in the Establishment’s management such that they are placed in a safe place, personal items, jewellery, of a value estimated as greater than 1500 euros by the Client. Likewise, by express agreement between the parties, constitutes a failure of the Client, the action of leaving during their stay, the door of their room open, unlocked, as well as its windows.

    MAMA SHELTER cannot be held liable because of damage caused by animals present in the Establishment, these remaining under their owner’s or guardian’s responsibility according to the provisions of article 1243 of the Civil Code.

     

    ARTICLE 7 – PERSONAL DATA – IMAGE RIGHTS

    7.1 Personal data

    The information which is requested of the Client during the Booking process, which is fully secure from the start to the end of it, are necessary for processing their Booking and will be communicated to the booked Establishment and to the online payment service provider.

    The Client is informed that the processing of these personal data is governed by our privacy protection policy available HERE, which describes the way in which MAMA SHELTER, in its role as data controller, collects, uses, protects and shares the personal data of its Clients and contacts, as well as the rights that the Client has, relative to their personal data. This privacy protection policy forms an integral part of these GCs: the Client must accept them prior to validating their Booking.

    By proceeding with their Booking, the Client consents that MAMA SHELTER can collect personal data relating to them, in order, in particular to (i) fulfil their obligations to the Client by integrating them to the Client file, (ii), proceed with the Booking, (iii) inform the Client, by email, of special offers and of any similar new service created by MAMA SHELTER, information from which the Client can systematically be freed, by proceeding with their deregistration or refusal to communicate to third parties of their personal data by activating the dedicated link for this purpose, which appears on the Booking confirmation email sent to the Client, as well as on the Check-in form filled in at the Establishment’s reception at the time of their arrival.

    During the Booking process, the Client is informed, on each of the personal data collection forms, of the compulsory or optional character of the responses, respectively by the presence or the absence of an asterisk.

    In particular, during the online payment, the Client’s bank details must be transmitted by the payment service provider to the Establishment’s bank, for the execution of the contract. The Client is informed that this transfer of data can therefore be executed in foreign countries not protecting suitable personal data in the sense of law no. 78-17 of 6 January 1978 (art. 69). However, the Client consents to this transfer for the execution of their contract. The payment service provider is committed to MAMA SHELTER to take all measure to secure and respect the confidentiality of the data for said data transfers.

     

    7.2 Image rights

    Clients are informed that the Establishments are likely to make available to their clients within the Establishment, and in particular, in the rooms and in the restauration room, a Photobooth service (APPLE trademark), allowing Clients to take a souvenir photograph on which they are free to appear by placing themselves in the field of view. Prior to any souvenir photograph being taken, Clients are made aware of the abilities offered by this service and, in particular, of the possibility to send it to themselves by email if necessary, in the scope of a strictly private use. No photograph taking can occur without Clients having accepted the conditions of using photographs beforehand. By taking their photograph by way of the Photobooth Service, Clients constitute an authorisation for a duration of one year from taking the photograph, free-of-charge, for the reproduction, fixing, representation, diffusion, communication to the public, the adaptation of photographs include their image, in whole or in part, by any means at all and, in particular, by printing, digitalisation, editing, publishing, putting online on an internet or intranet network, for the territory of the whole world, and for uses for the purpose of presentation, identification, promotion, internal or external communication, media relations, informative or commercial advertising, by way of any media possible and in particular, on screens located inside the Establishment, by any publishing, editing, printing such as leaflets, brochures, magazines, newspapers, posters, placards, kakemonos, etc., and for any reproduction, representation, diffusion on MAMA SHELTER websites or any legal entity affiliated with the Mama Shelter SAS Group, excluding however any use involving a purchase of advertising space. This authorisation is agreed to by Clients via the express acceptance of the general conditions of use of the Photobooth which are presented to them prior to taking the photograph, and produces its effects without prejudice of possible other conditions of authorisations agreed to individually by clients.

    Without prejudice of the application of the provisions of this article relating to the Photobooth service, the booking of Services in an Establishment, as well as their consumption by Clients and/or those who accompany them, or even the simple presence in the Establishment does not authorise at all, any operation of audio-visual, photo-taking recording, any photograph in the premises and outbuildings of the Establishment, including in rooms in view of their commercial, promotional, advertising uses, media relations or public relations, website illustration, etc., and more generally any collective use, or use likely to involve the public. The internal architecture and the graphic creations embellishing the shared areas and the rooms of the Establishments are protected by copyrights, of which the rights are fully reserved. Any audio-visual, photo-taking recording session, reproduction or representation of images including the premises and outbuildings of the Establishments in question, other than for a strictly private use is subject to prior authorisation of the Establishment under penalty of infringement punished, in particular by the civil and penal provisions of the Intellectual Property Code.

     

    ARTICLE 8 – MISCELLANEOUS

    The GCs are completed by the Legal Disclaimer, the Privacy Protection Policy and the Cookies notice.

    These GCs are governed by French law.

    In the eventuality where any one of the provisions of these GCs would be declared null and void or without effect, in any way and for any reason, it would be considered as unwritten and would not lead to the other provisions being null and void.

    All disputes which could arise between the parties on the occasion of interpretation and/or execution of these GCs will be subject, failing out-of-court agreement, to the exclusive competence of the competent district court of the Court of Appeal of Paris, except for disputes relating to non-trading people and for which the legal rules of court governing law apply.

  • Mama Shelter® Privacy Protection Policy

     

    Important update (11/2020)

    MAMA SHELTER updates its Privacy Protection Policy respecting European regulation 2016/679 of 27 April 2017 relating to the protection of natural persons regarding the processing of their personal data and the free circulation of these data (the “Regulation”), as well as those of law no. 78-17 of 6 January 1978 relating to data protection, such that the latter has been modified and most recently completed by law no. 2018-493 of 20 June 2018 enacted on 21 June 2018 (the “Data Protection Law”), to inform you about the data relating to you that we collect and on the use that we make of them. Your user experience will remain unchanged and you can, at any time, exercise your rights relating to your data.

     

    This Policy may be subject to updates. We ask you to regularly view our website, https://mamashelter.com

     

    Table of contents

    1. Introduction

    2. Who are we?

    3. How can you contact us?

    4. Lawful basis for processing your personal data

    5. A loyal and transparent collection

    6. The principle of purpose

    7. A balanced processing of data

    8. The personal data that we collect and process

    9. Personal data of minors

    10. The origin of data that we process

    10.1  Declarative personal data

    10.2  Operational personal data

    10.3  Personal data coming from third parties or other services

    10.4  Personal data coming from automated means

    11. Legal bases and the purposes of our data processing

    12. Recipients of your data

    13. Transfers of your data

    14. The durations for which we keep your data

    15. Resorting to profiling processing

    16. The security of your data

    17. Exercising your rights in relation to your personal data

    17.1  Your right to correct your data

    17.2  Your right to remove your data

    17.3  Your right to limit data processing

    17.4  Your right to oppose data processing

    17.5  Your right regarding the portability of your data

    17.6  Your right to withdraw your consent

    17.7  Your right to lodge an appeal

    17.8  Your right to define post-mortem directives

    17.9  The methods of exercising your rights

    18. Applicable law

    19. Policy updates

     

    1.      Introduction

    This Privacy Protection Policy (the “Policy”) describes the methods that MAMA SHELTER, in its role as data controller, on its own behalf and on behalf of the companies of its group (“MAMA SHELTER” or “us”) uses, for the collection, the use, the protection and the sharing of the personal data of clients who visit its hotels and restaurants, use its website and/or wi-fi terminals, and/or interact in any other way with MAMA SHELTER, including consumer service, contractual and commercial relations, relationship or loyalty programmes, and/or on social networks.

     

    Concerned about respecting the rights and freedoms of people, MAMA SHELTER is committed regarding protecting personal data.

    This Policy forms an integral part of the contractual relationship that we can have with our users, clients and partners (cookies, commercial contracts or partnerships, etc.).

     

    For a good understanding of this Policy, it is specified that:

      • “client(s)”, “contact(s)”, “users”, “partners” means any natural person or legal entity in a relationship with MAMA SHELTER or any other company of its group (clients, candidates, prospects, relations, partners, etc.);
      • “data controller” means any natural person or legal entity who/which determines the purposes and the means for processing personal data defined in this Policy;
      • “subcontractor” means any natural person or legal entity who/which processes personal data on behalf of the data controller (in practice, these are service providers, with which we work and which intervene on the personal data that they process);
      • “recipients” means natural persons or legal entities who/which receive communication of personal data, who/which can therefore also be internal recipients, as well as external bodies.

     

    2.      Who are we?

    MAMA SHELTER SAS, data controller, is a simplified joint-stock company under French law with a capital of 1822130 euros, having its Head Office located in PARIS (75011), 61 rue Servan, France. It is registered in the Paris Trade and Company Registry under the number 498.495.472.

     

    3.      How can you contact us?

    For any question regarding this Policy and the protection of personal data, you can contact us:

     

    By email:

    data-privacy@mamashelter.com

    By letter:

    MAMA SHELTER SAS

    Personal Data

    61 rue Servan

    75011 Paris – FRANCE

     

    4.      Lawful basis for processing your personal data

    Your personal data are processed based on:

      • your consent under the terms of article 6(1)(a) of the Regulation (necessity to comply with a legal obligation);
      • the necessity to perform a contract concluded with you under the terms of article 6(1)(b) of the Regulation;
      • our legitimate interests in running our business and providing you with requested products and services when these prevail under the terms of article 6(1)(f) of the Regulation.

     

    5.      A loyal and transparent collection

    Concerned about transparency, we attach particular care to the information of our contacts regarding processing, which relates to them. To this end, MAMA SHELTER (for itself and on behalf of the companies of its group) has defined this Policy, which is moreover brought to the knowledge of its contacts on the data collection media used.

     

    6.      The principle of purpose

    When we are led to processing data, we do so for specific purposes. Each processing of data implemented pursues a legitimate, determined and explicit purpose.

     

    7.      A balanced processing of data

    For each of the processing events implemented, we are committed to only collecting and utilising suitable, relevant and limited data, which are necessary regarding the purposes for which they are processed.

     

    We ensure that the data are, if necessary, updated and implemented from processes to enable the removal or the correction of inaccurate data.

     

    8.      The personal data that we collect and process

    In the scope of processing personal data for which the purposes will be presented to you below in the paragraph Legal bases and the purposes of our data processing, we can collect and process, in particular, the following categories of data:

      • contact details (for example, surname, forename, telephone no., email);
      • personal information (for example, date of birth, nationality);
      • information about your children (for example, forename, date of birth, age);
      • your credit card no. (for purposes of transaction and booking);
      • information appearing on an identity document (for example, ID card, passport or driving licence);
      • your Accor loyalty programme member no., or member no. of another partner programme (for example, the loyalty programme of an airline) and information relating to your activities in the scope of the loyalty programme;
      • your arrival and departure dates;
      • your preferences and areas of interest (for example, smoking or non-smoking room, preferred floor, type of bedding, type of written/read media, sports, cultural interests, food and drink preferences, etc.);
      • your questions/comments, during or following a stay in one of the establishments;
      • technical and localisation information generated in the scope of using our website;
      • any other personal data that you communicate to us.

     

    We can also collect complementary personal data relating to you directly within our hotels and restaurants and/or during events that we organise, under the conditions and for uses which are particularly notified to you on this occasion.

     

    The fields above with a (*) can be made compulsory for the correct operation of the service in question (there are, in particular, our relationship programmes or our recruitment operations), or to respond to legal or regulatory obligations.

     

    You can refuse to communicate to us your personal data. However, when data are compulsory to respond to your request, to access the service requested or to respond to legal or regulatory obligations, collection forms will specify it by this asterisk (*). With no communication of this information, your request cannot be examined or its analysis will be delayed.

    When a password is compulsory, it remains totally unknown, except for the contact that it relates to.

     

    We will not process personal data which reveal the racial or ethnic origin, political opinions, religious or philosophical beliefs or also union membership, nor processing of genetic data, biometric data for the purpose of identifying a natural person uniquely, data relating to heath, sex life or sexual orientation of a natural person. However, on the occasion of exchanges with you, if you communicate to us such information, and in particular data relating to your health, then a particular procedure will be monitored, in order to collect your express consent to such a collection.

     

    In the case where you communicate to us the personal data of a third party, you must inform them beforehand about your process and you ensure that you have their authorisation and their agreement to do so.

     

    9.      Personal data of minors

    We know when it is important to protect your privacy and that of your children when you use our online services. We are committed quite particularly to protecting the privacy of children who access our services.

     

    Collecting information about people less than 16 years old is limited to only their surname, nationality and date of birth, which can only be provided to us by an adult. Please ensure that your children send no personal information to us without your authorisation (in particular, over the internet).

     

    In the case where a parent or a guardian having parental authority finds out that their child has provided us with personal data without their consent, please contact us by referring to the paragraph, How can you contact us?. We take the necessary measures to remove this information from our database according to the applicable legal requirements.

     

    We highly recommend parents and guardians having parental authority to regularly control and monitor the online activities of their children.

     

    If you have even the slightest question relating to our confidentiality rules relating to children, you can contact us on the contact details outlined above in the paragraph, How can you contact us?.

     

    10.   The origin of data that we process

     

    10.1                Declarative personal data

    We can directly collect personal data from our contacts, in particular when:

      • you create an account or you connect to our website;
      • you make a booking with one of our hotels or our bars and restaurants;
      • you register in one of our establishments (check-in and check-out), benefit from services during your stay (meals, food and/or drink at the bar, Photobooth, and any other service offered by Mama Shelter);
      • you pay for your stay and/or services within one of our establishments;
      • you book through a third party (tour operators, travel agencies which are online or not, GDS booking systems and others);
      • you interact in any other way with us, including in particular through our consumer service, our relationship programme and/or on social networks;
      • you subscribe to our information letters (newsletter);
      • you use our relationship or loyalty program;
      • you write an opinion or comment on our site, on our social networks or on third-party social networks and you contribute to satisfaction surveys;
      • you contact us through different channels, including in particular contact forms, by email, through the post or over the telephone;
      • you contact us via our consumer service, our chatbot, our social networks or via third-party social networks;
      • you take part in a game or a competition, in a prize draw, satisfaction surveys, polls;
      • you communicate with us in any other way.

     

    These data are collected in particular through our forms and our questionnaires, in paper or electronic format.

     

    We only collect your personal data when this is strictly necessary and legal. We are committed to only collecting the minimum amount of personal information necessary for purposes covered by this Policy.

    In the event where we would need to use your personal data for purposes not covered by this Policy, an additional consent will be requested of you. Such a consent is not compulsory, but will sometimes be necessary such that we are able to meet your needs/requests.

    Please note, however, that your consent will not be necessary if the processing that we carry out of your personal data is justified by a legitimate reason, on the condition that this use has no damaging effect on your own rights and interests.

     

    10.2                Operational personal data

    The operations carried out when we supply you with services generate and produce data relating to you. The same goes during the use of our website. These data coming from the operation of our products and services form the subject of a processing event.

     

    10.3                Personal data coming from third parties or other services

    We are likely to collect data relating to you from other companies and entities, among which our hotels, subsidiaries and other companies of our group, our franchises, public databases, social networks or also third-party commercial partners, such as service providers of analysis or marketing services with which you have been in relations with and that you have authorised to share personal data relating to you with us for commercial canvassing or advertisement targeting purposes. These communications are governed, if necessary, by the privacy protection policies of these social networks or third-party partners, to which we return you.

     

    Moreover, we can collect public information, accessible to all, for example on your profile, when you interact with us on social networks. The latter furthermore allow us to collect communications which are sent to us or which relate to us.

     

    In certain cases, we can also be led to collect information that you provide about other people. We use said information, only to respond to your requests and will not send commercial communication to your contacts unless they themselves choose to receive communications from us.

     

    We can associate and combine the data that you communicate to us online and offline with the data from your account when you have an account or that you are registered to our relationship or loyalty programmes, or that you use one of our services, and/or those collected automatically and from other sources.

     

    10.4                Personal data coming from automated means

    We can be led to use automated technologies to collect data from your computer or from your mobile device (phone or tablet) when you visit our establishments and when you use our online services or services onsite within our hotels and restaurants.

     

    These automated technologies in particular comprise cookies, shared local objects or also web beacons.

     

    More detailed information is available in our Cookies Notice available HERE.

    We are thus likely to collect the following data:

      • your IP (Internet Protocol) address;
      • the dates and times at which you access our online services or services onsite;
      • the names and URL addresses of files viewed using our online services;
      • the type of operating system and browser of the computer or mobile phone used;
      • the type of mobile device used and its parameters;
      • the Unique Device Identifier (UDID) or Mobile Equipment Identifier (MEID) associated with your mobile phone.

     

    11.   Legal bases and the purposes of our data processing

    We collect personal data only when we have a legal basis to do so.

     

    The processing that we implement are in particular necessary:

      • for providing our services (bookings, managing your stay, shop, portal and wi-fi supply, etc.);
      • for executing a contract or executing precontractual measures;
      • for improving our services and client and user experience;
      • for managing the relationship with our clients before, during and after your stay;
      • for fulfilling our obligations to our clients;
      • for managing CCTV for your own security, like that of the premises and staff of our hotels and restaurants;
      • for securing payment operations by determining the level of fraud risk associated with each transaction, and for securing property and people by fighting against non-payments;
      • for using the services necessary for searching the identity of the people present in one of our establishments in case of serious events impacting the establishment in question (natural disasters, attacks, health crisis, etc.);
      • for achieving our legitimate interests, in particular regarding the knowledge of our contacts, or also the management, the monitoring, the control and the development of our activities;
      • for leading our recruitment operations;
      • for complying our legal obligations.

     

    We can thus use personal data that we collect for the purposes described below.

     

    We do not use personal information for purposes which are incompatible with those for which they have been collected unless these have not been subsequently approved by you. If we needed to use information relating to you collected by us in another way, we will inform you about it at the time of the collection or we will request authorisation from you.

    Providing our services and executing our contractual or precontractual relationship

      • responding to your requests, honouring your bookings and processing payments relating to our products and services;
      • managing your online account and our relationship or loyalty programmes, and to make you benefit from the advantages which are associated with them;
      • communicating with you regarding your orders, bookings and purchases, accounts that you create or hold with us, of our relationship or loyalty programs;
      • ensuring the management of your complaints, of your requests for information, of your questions and of your concerns;
      • providing you with our services in our hotels and restaurants or online;
      • providing you with our assistance, in particular when you contact our consumer service, and more generally, respond to all your concerns relating to our services and products.

     

    Informing you and improving our services – Monitoring our legitimate commercial interests

      • managing our relationship with you by updating a database which comprises current and potential contacts, and which allows us to proactively manage our relationship or loyalty programmes;
      • letting you discover our products and services and sharing games, offers, promotions or events with you, which in our opinion, are likely to interest you;
      • offering you a personalised experience in our hotels and restaurants and with our services and online selling of products;
      • ensuring your browsing on our website, and improving your user experience;
      • personalising our website and our commercial offers according to your affinities;
      • managing our activities, in particular developing new products and services, carrying out studies on consumers and operations, evaluating the effectiveness of our sales, marketing and advertising activities;
      • using analysis and profiling technologies in order to personalise your experience, developing content (including advertisements), adapted to your interests and the use that you make of our online services or in our hotels and restaurants, managing our activities, diagnosing possible technical problems, or problems relating to services, administering our online services and services onsite, identifying users of our online services, identifying a device for purposes of preventing against fraud, collecting demographic information relating to our contacts and determining use habits associated with our services;
      • maintaining, managing and improving our products, offers, promotions, online services and other technologies;
      • guaranteeing the security of our networks and systems.

    We ensure in this case, to consider any potential impact that this collection can have on our contacts. If we think that your interest or your basic rights and freedoms exceed our legitimate interest, then we will not use your personal data on these grounds and can ask you for your specific consent.

     

    Leading recruitment operations

      • proceeding with examining, studying, evaluating and processing application forms;
      • communicating with candidates;
      • managing the relationship with candidates.

     

    Complying with applicable legislation

      • identifying, preventing and protecting us against cases of fraud and any other violations, claims and liabilities;
      • respecting our legal obligations and our policies;
      • observing, exerting or defending legal rights;
      • ensuring our audit, inspection and communication activities;
      • monitoring and highlighting problems with non-compliance;
      • more generally, responding to our legal obligations and ensuring the defence of our interests in case of dispute or court action.

     

    On the condition that you authorise us with regards to this, when applicable legislation imposes it, we can moreover use personal data that we collect for the following purposes:

      • sending us emails or text messages (SMS) regarding our products and services, as well as games, competitions, offers, promotions or event which, in our opinion, are likely to interest you;
      • sending you emails or text messages (SMS) regarding products and services of our commercial partners;
      • activating cookies and similar technologies;
      • providing you with our online services (in particular, website, online booking and e-shop).

     

    12.   Recipients of your data

    The personal data that we collect, likewise those which are subsequently collected, are sent to us in our roles as data controller, except for when we intervene as an intermediary to offer you ancillary products or services to our offers. In this case, the data controllers are named in the pertaining information notices.

     

    We sell none of your personal data and share them only according to the methods stipulated in this Policy or if the law imposes this on us. We are prohibited from renting, distributing or selling your personal information to third parties, except for if you have authorised us in this regard beforehand.

     

    We ensure that your data are only accessible to authorised internal or external recipients outlined below.

     

    Your data may be subject to communication towards directors, employees, shareholders and corporate representatives of the company MAMA SHELTER, its subsidiaries, and other companies of its group, as well as to the hotels and restaurants of the Mama Shelter® network and their staff.

     

    We are also likely to share your data with service providers, which provide us with services, such as honouring bookings and orders, ensuring advertising services (in particular, in the scope of a relationship or loyalty programme), processing data and other services linked to information technologies, managing promotions, competitions, raffles and lotteries, carrying out studies and analyses, offering a personalised experience to our contacts, processing and managing application forms for our job offers, etc. We forbid our service providers from using or sharing this information for purposes other than that of providing services on our behalf.

     

    The list of our subsidiaries, establishments and services providers likely to have access to your data can be communicated on simple request to the address appearing above in the paragraph, How can you contact us?.

    Furthermore, we can be led to share information, without this allowing to identify you directly, like anonymous approved statistics relating to the use that you make of our services. We can also conjugate information relating to you with that relating to other contacts and sharing it such that it is impossible to associate it with a particular contact.

     

    Finally, we have the right to use or to share personal data to the local authorities as needed, for the effect of respecting any law, regulation or legal requirement, of protecting our online services and services onsite, of initiating a legal procedure or of defending a legal right, of protecting the rights, interests and security of our organisation, of our collaborators, of our franchises or of the general public, or in the scope of an investigation about a case of fraud or about any other breach or violation of our policies.

     

    For strategic reasons or other professional reasons, we can decide to give or transfer some or all of our activities. In the scope of such a cession or of such a transfer, we are likely to transmit information that we have collected and kept (including personal data) to any person or entity involved in the operation in question. In case of merger, acquisition, cession or transfer of part or all of our activities, your data may be subject to communication to people or entities in question.

     

    13.   Transfers of your data

    We do not transfer your data outside of the European Union, except for in situation where this is necessary to respond to any request or to provide you with the services requested (i.e. booking in a hotel outside of the European Union). In this scope only, personal data relating to you can be led to be transferred outside of the European Union, to countries of which the applicable legislation regarding protection of personal data differs from that applicable within the European Union or country of residence.

     

    If you needed to transfer data outside of the European Union outside of these cases necessary for providing our services, we only do so after having taken the measures necessary and suitable for ensuring a level of protection and of security of personal data equivalent to that proposed in Europe.

     

    When the recipient is located in a country of which the legislation has not formed the subject of an adequacy finding from the European Commission, we ensure that the transfer is governed by European Commission-type contractual clauses which allow to guarantee a sufficient level of privacy protection and basic rights of people or equivalent guarantees, or, for the United States, that the recipient adheres to Privacy Shield principles.

     

    On simple request to the address appearing above the paragraph, How can you contact us?, we can provide you with the list of the countries where we keep and process your data and those where they occasionally pass through.

     

    14.   The durations for which we keep your data

    We ensure that personal data relating to you are kept in a form allowing the identification of people in question that during a period necessary regarding purposes for which they are processed. The retention period that we apply to your personal data are proportioned for the purposes for which they have been collected.

     

    Generally, your personal data are kept for the whole duration of your relationship with us, increased by a duration of three (3) years coming from the end of our relationship. They then form the subject of archiving in order to respond to our legal obligations or for probing purposes, or are anonymised for purposes of studies and statistics. However, we keep certain data after removing your account when such a conservation is provided by law, or when this conservation is necessary to allow us to manage litigations and disputes.

     

    In certain cases, we can keep certain personal data relating to you, even if you remove your account, by legal obligation, or if a problem persist that relates to this account, for example, an unresolved complaint or dispute. In this case, the data necessary for the resolution of the problem, of the complaint or of the dispute will be kept, as long as it will be short-term, however within the limit of the applicable rules regarding stipulation.

     

    Other data can be kept after having formed the subject of processing intended to prevent their reallocation to an identified person for purposes of studies and statistics.

     

    More specifically, we organise our data conservation policy in the following way:

     

    Purpose Categories of data in question Duration of conservation before removal
    Signing up to a newsletter Information relating to your email address and to your options regarding electronic canvassing Until deletion of your account (manually or by using unsubscribe links provided for this purpose in our mailings)
    Booking data and accommodation requests Information relating to booking rooms in view of the establishment and keeping legal documents complying with the applicable standards 10 years from the booking according to our legal obligations
    Data relating to your stay in one of our establishments Information relating to your room access, monitoring your consumption (phone, TV, wi-fi, services used, bar, restaurant, etc.) For the duration of your stay
    Internal management of the list of clients having had an unsuitable behaviour during their stay at the hotel Information linked to assaults and incivilities, not respecting the hotel contract, not respecting security rules, thefts, damage and vandalism or payment incidents of a client Up to 122 days from registration of an event of this type
    Data of your client account Data of your profile, data relating to your browsing, your use or our website Three (3) years from your last activity on our sites and applications if you are not a member of the loyalty programme

    Six (6) years from your last activity on our sites and applications if you are a member of the loyalty programme

    Your transaction history Bookings and orders made As long as the account is active, plus a duration of 3 years
    Statistical data Audience measurement statistics and raw visit data of our sites and applications Thirteen (13) months
    Geolocation Localisation in real time when the contact activates this service in order to offer products and services according to the place where it is located No data conservation
    Proof data Data allowing to establish the proof of a right or of a contract, or kept to respect a legal obligation Archiving according to the legislation in force
    Security of the site and of the Services Identification data, connection data, including IP address 6 months
    Applications Data about your profile, contact details, professional life, family and patrimonial situation Two (2) years from our last contact, timeframe from which the data are destroyed, except for formal agreement of the candidate who would authorise a longer period for keeping data relating to itIn case of recruitment, archiving according to the legislation in force

     

    15.   Resorting to profiling processing

    We could resort to profiling techniques for marketing purposes to personalise and adapt to your needs, our offers of products and services and to establish marketing profile models.

     

    You can oppose, at any time, processing of personal data relating to you for purposes of commercial canvassing under the conditions defined in the paragraph, Exercising your rights in relation to your personal data below.

     

    16.   The security of your data

    We attach a particular importance to the security of personal data.

    Suitable technical and organisational measures are implemented such that data are processed so as to guarantee their protection against accidental loss, destruction or damage which could harm their confidentiality or their integrity.

     

    During the development of the design, or during the selection and the use of different tools which allow the processing of personal data, we ensure that they allow to ensure an optimal level of protection for the data processed.

     

    Thus, we implement measures which respect the principles of protection as of the design of these tools and protection by default of data processed. In this regard, we are able to resort to data pseudonymisation or encryption techniques when this has proved to be possible and/or necessary.

     

    When we resort to a service provider, we only communicate personal data after having obtained from the latter, a commitment and guarantees on its capacity to respond to these security and confidentiality requirements. We conclude with our subcontractors, respecting to our legal and regulatory obligations, contracts specifically defining the conditions and methods for processing data by the latter.

     

    Likewise, we perform audits and our own services as well as those of our service providers, and this in order to verify the application of the rules regarding data security.

     

    In case of violation of personal data, we are committed to notifying it to the CNIL (the National Commission on Computer Technology and Freedoms) under the conditions stipulated by the Regulation. If said violation imposes a higher risk for our contacts and that the data have not been protected, we will advise the contacts in question about this, and we will communicate the necessary information and recommendations to them.

     

    17.   Exercising your rights in relation to your personal data

    We are particularly concerned about respecting rights which are agreed to you in the scope of processing data that we implement, to guarantee you fair and transparent processing, given the particular circumstances and the context in which your personal data are processed.

     

    In this regard, you have the confirmation that your personal data are or are not processed, and when they are processed, you have the right to request a copy of your data and information relating to:

      • the purposes of the processing;
      • the categories of personal data in question;
      • the recipients or categories of recipients as well as, if necessary, if such communications had to be made, the international organisations to which personal data have been or will be communicated, in particular the recipients which are established in third-party countries;
      • when this is possible, the duration for keeping personal data considered or, when this is not possible, the criteria used to determine this duration;
      • the existence of the right to request the data controller to correct or remove your personal data, of the right to request a limitation of processing your personal data, of the right for you to oppose this processing;
      • the right to lodge a complaint with a control authority;
      • information relating to the data source when they are not collected directly from the people in question;
      • the existence of making an automated decision, including profiling, and in the latter case, useful information relating to the underlying logic, as well as the importance and the consequences provided of this processing for the people in question.

    17.1                Your right to correct your data

    You can request to us that your personal data are, as the case may be, corrected, completed if they are inaccurate, incomplete, ambiguous, out-of-date.

     

    17.2                Your right to remove your data

    You can request us to remove your personal data when one of the following reasons applies:

      • the personal data are no longer necessary regarding purposes for which they have been collected or processed in another way;
      • you remove the consent previously given;
      • you oppose the processing of your personal data when there is no compelling legitimate reason for the processing;
      • the processing of personal data does not comply with the provisions of the application legislation and regulations.

     

    Your attention is attracted to the fact that the right to remove data is not a general right and that it can only comply with this, if one of the reasons provided in applicable regulations is present.

     

    Thus, if none of these reasons is present, we cannot respond favourably to your request. Such will be the case if we are bound to keep data, due to a legal or regulatory obligation or for the observing, exercising or defending of legal rights.

     

    17.3                Your right to limit data processing

    You can request to limit the processing of your personal data in the cases provided by legislation and regulations.

     

    17.4                Your right to oppose data processing

    You have the right to oppose at any time, for reasons extending to your particular situation, to processing your personal data, of which the legal basis is of legitimate interest monitored by the processing manner (see the paragraph above, Legal bases and the purposes of our data processing).

     

    In case of exercising such a right of opposition, we ensure that we no longer process your personal data in the scope of the processing in question, except for if we can demonstrate that we can have legitimate and compelling reasons to maintain this processing. These reasons must be greater than your interests and to your rights and freedoms, or the processing being justified for the observing, exercising or defending of legal rights.

     

    You have right to oppose commercial canvassing as well as the profiling insofar as it is linked to such canvassing.

     

    In particular, regarding commercial canvassing, it is reminded that you can oppose receiving canvassing through the post, electronically or over the telephone.

     

    In the case of canvassing by emails (email, SMS, MMS), we can resort to this if you have given your agreement at the time of the collection. Subsequently, you can, at any time, oppose to it by the link found in the message which you have been sent or by contacting us on the contact details given above in the paragraph, How can you contact us?.

     

    If you have accepted a commercial canvassing from one of our partners, and that you want to oppose it, you must send your request directly to the partner in question.

     

    Finally, if you have accepted a commercial canvassing over the telephone, by a box to be ticked appearing in the documentation communicated in the scope of using our services, you have the possibility of requesting for free of charge, the registration of your telephone number on the list opposing telephone canvassing with the body OPPOSETEL through the following link: www.bloctel.gouv.fr. However, it must be noted that this canvassing will not interrupt the receiving of commercial canvassing electronically if this method of canvassing has been expressly agreed to and that consent has not be removed from the data controller according to the abovementioned methods.

     

    It must also be noted that, if you oppose receiving commercial canvassing, we will however continue to send you communications relating to the operations to which we are registered (games, competitions, etc.).

     

    17.5                Your right regarding the portability of your data

    From 25 May 2018, you will have the right to the portability of your personal data. We attract your attention to the fact that this is not a general right. Indeed, the data from all processing are not portable and this right only relates to automated processing, excluding manual or paper processing.

     

    This right is limited to processing of which the legal basis is your consent or the execution of precontractual measures or of a contract.

     

    This right does not include derivative data, nor inferred data, which are personal data created by MAMA SHELTER or its subsidiaries.

    The data on which this right can be exercised are:

      • only your personal data, which excludes anonymised personal data or data which do not relate to you;
      • declarative personal data, as well as personal operational data mentioned above.

     

    The right to portability cannot damage the rights and freedoms of third parties, such as those protected by business secrecy.

     

    You can request the portability of data according to the procedure defined below, by specifying if you want to receive them yourself or if this is technically possible for us, that we transmitted them directly to another data controller.

     

    In the latter case, you ensure to indicate to us the precise name of this manager, their contact details, as well as the service or the person which/who should be their recipient. In order to facilitate the exercising of this right, you must inform this recipient of your request to our services.

     

    17.6                Your right to withdraw your consent

    When the data processing that we implement is based on your consent, you can withdraw it at any time. We thus stop processing your personal data without the previous operations for which you had consented are brought into question.

     

    17.7                Your right to lodge an appeal

    You have the right to lodge an appeal with the CNIL (the National Commission on Computer Technology and Freedoms) in the French territory and this, without prejudice of any other administrative or jurisdictional appeal.

     

    By post: CNIL – Complaints Department: 3, place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07

     

    Online, through the following link: https://www.cnil.fr/fr/cnil-direct/question/844 or https://www.cnil.fr/fr/plaintes

     

    17.8                Your right to define post-mortem directives

    You have the possibility to define particular directives relating to the conservation, the removal and the communication of your personal data after your death with our services according to the methods defined below. These particular directives will only relate to the processing implemented by us and will be limited to this sole parameter.

     

    You will also have this right, when this person has been named by the executive power to define general directives for the same purposes.

     

    17.9                The methods of exercising your rights

    All the rights listed above can be exercised by contacting us on the contact details outlined in the paragraph, How can you contact us? above, by attaching to your request, the copy of an identity document including your signature.

    By email:

    data-privacy@mamashelter.com

    By letter:

    MAMA SHELTER

    Personal Data

    61 rue Servan

    75011 PARIS

     

    For all the rights mentioned that the contact benefits from and according to the legislation on privacy protection, you are informed that these are rights of an individual nature which can only be exercised by the person in question, relating to their own information. To satisfy this obligation, we will verify the identity of the person in question.

     

    It is reminded that if the requests of a person in question are clearly unfounded or excessive, in particular due to their repetitive character, we can, either request the payment of reasonable costs which take into account the administrative costs covered for providing the information, proceed with communications or take the measures requested, or refuse pursuing these requests.

    For any other more general information about privacy protection, you can view the CNIL site (www.cnil.fr).

     

    18.   Applicable law

    This Policy is governed by French law, independently of disputes of legal provisions. The French courts are solely competent for any dispute relating to this Policy.

     

    In the event where one of the clauses of this Policy would be null and void due to a change in legislation, regulation or by a court decision, this could not in any case affect the validity and the respect of the other clauses of the Policy.

     

    19.   Policy updates

    We can, at our sole discretion, modify this Policy. Modifications are applicable and effective from their date of publication. By continuing using our Services after the publication of modifications, you accept to comply with these. We ask you to view the Policy regularly in order to be informed of any possible modification. The most recent version of our Policy remains permanently available on the Site.