Disclaimers in shopping malls, hypermarkets among others…

Hello everyone!

Have you ever spent a minute reading and understanding what is usually written at the entrance of your favorite hypermarket or shopping centre’s parking?

Most of the time, nobody really pays attention to them, unless something bad happens, really bad. Like someone forced into your car, stole your personal belongings or even, your car vanishing into the air. Just like it happened very recently in the Bagatelle Mall of Mauritius.

Today, I was quite stunned with a rather ‘detailed’ notice, posted in the new mall at Cascavelle.
*You can click on the image below to enlarge*

Does that make you feel comfortable to shop in here? Most importantly, the following sentence :

All persons entering these permises do so at their own risk and peril.

Question : Why would Person X prefer to shop at ABC Shopping Mall rather than to buy those same stuffs in Port Louis for example?

There might be many reasons but I believe that some of them are :

  • At ABC Shopping Mall,  the person might feel himself (and his belongings, car for example) to be more secure.
  • Contrary to shopping in the same brand shops in Port Louis, the ABC Shopping Mall offers more facilities (including parking, food courts) – all at the same place.
  • You are free to add more reasons here (through the comments section)

I fail to understand why shopping malls and other hypermarkets etc cannot really ensure that their environment is safe. That should be their main concern. Advertising about your shops etc is not enough. Show how your mall is different from streets.  How can they invite people to use their billions-invested complex with a peace of mind when they cannot give a guarantee that THEY should feel more secure than on a street?

This said, I have been to Cascavelle today. If you have been to Bagatelle, that’s it. Cascavelle is just its miniature-like sister, but with a large “entrance disclaimer” notice, probably to prevent people suing them in case their cars get robbed, too.

Update : 
Just to give you an example, I shot this one in the parking at Cascavelle.

Who is accountable in this situation in case some car collides with the Caddys or one of them happen to leave the non-caddy space?

Take care!

 

 

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  • Perhaps it’s just because they do not want to invest into surveillance camera and also human resources to keep it running? I’ve been to england recently….there are some shopping malls which installed cameras on their parkings not only for the security of its customers but also to spot the ones who don’t pay the mandatory fee (yes some shopping malls’ parking are not free…crazy!). Anyway….this shows that in Mauritius they only care about their profit!

  • Ruby

    This is sick..to them security of their clientele doesnt hv any meaning..wats z use of even putting ur nose in there?? wat if sum1’s walking around z  mall and then the roof collapses??.. la dans si compagnie la pna rien a faire??mo prefere ale shopping lor la rue ki ale ene plas kumsa…

  • Bernardo

    Dude, imagine you invite someone at your place for dinner. Dinner was sumptuous and your guest had the time of his/her life. Now when it come the time to leave, your guest trips on some object in your garden or yard and breaks a leg. That person can, for real, sue you to the full extent of the law and request money for harm caused to him. And he might well win his case unless you had clearlywarn him/her before that he/she’s entering your property at his/her own risks.

    That’s how it is!

    Similarly, most parking space, shopping area and swimming pools in Mauritius and, probably, in the rest of the world will display a “disclaimer” at their entrance (Even your ex-employer had such a disclaimer in their parking dude). This is done so that they (the facilities owner) to not become liable to any harm that may (or may not) happen to you or the properties you brought with you. Simple. This is rather normal btw. Even though they put all types security measures such as CCTV and security guards, its totally normal that there are hazardous elements which they are impossible for them to control. So really you cannot blame them. And it’s preferable that the facility owners/operators come clean and be honest by letting you know the potential hazardous conditions you risks when you enter their facilities (ABC shopping mall etc.)
    And to the other guys who said “in Mauritius they only care for profit”, well I say “No, it’s the same everywhere. It does the same wherever you go, in any countries, on any parking or improvised parking spot. Nothing to do with profit only”. Also, it’s normal to request payment for parking (1) when  parking spaces are too limited for the number of vehicles, (2) when parking slots use high and expensive techs such as “Presence sensors” and CCTV and (3) to ensure constant maintenance of the parking structure. This is not crazy at all.
    Also, if you go shopping “on the streets”, well you are exposing yourself and you car to not only similar but more risks.

    Cheers

  • True but I think that paying for your parking space (with a security guarantee) puts everyone in a better position.
    But what about the security fail picture included in here? You haven’t said anything on that.

  • Bernardo

    No one can accept payment to guarantee security of your car. The amount you’ll pay will never be enough to cover the amount of damage that can happen to you car and the amount of moral damage that can happen to you. No parking owner will ever take that kind of risk.

    As for the caddies, car drivers are suppose to look out for dangerous situations.. just like it would be on a standard road. If you hit a caddie, it either because of your negligence or because of the negligence of the person who has left the caddy in the driveway. In the second case, you are free to file a police report against that person just as you would do on a standard road.

    I’m not a law person, but I’m pretty sure it works this way. I hope a law person can confirm or refute these arguments.

  • Anonymous

    in some sort I agree with them.
    Imagine that one guy park his car in the parking then he goes to the management and says that someone broke in his car and stole his laptop (latest HP core i7 valued  > Rs 100k), they also took his dSlr camera(D300) with all his lens kit(70-200 2.8, etc etc valued > Rs 200k). A total lets cay of Rs 300k.

    Will the management refund him these?
    now what it not one but hundreds of people do like i described above.
    et moricien et ena boute li ladans.

    Humm concerning the Caddy, Let me clear out thing. As soon as you enter the parking. This is considered as a private property. And si to tappe avec nimporte ki zaffaire lot l’assurance pas pou rentre la dans.

    dans ene premier temps to bizin paye to excess et to faire repare to loto to meme. apres to avas mette ene case la cour contre parti adverse. A coz la encore ena tro boukou foul play.

  • Disclaimer is for insurance purposes against injury or death, they don’t want to have to pay out claims real or fabricated. However, you would think that they have some kind of RC insurance, (assurance de responsabilité civile) in the case of natural causes? So my only alternative is to come to the mall and anticipate by having an ambulance, fire service and police to escort me?

  • lolz.. 🙂 hahahha.. or maybe it was a fun notice for Halloween ! hahaha lolz.. 

    They got yooooouuu 😛 🙂 

  • Reena Dkl

    I believe it’s also a measure to prevent people from “robbing their own stuff” and blaming the mall 🙂  Trust me there are people who do it…

  • All because you do not pay for the parking or it is not the parking’s owner job to look or guarantee the car’s safety are not valid reasons for you to accept that your car can get looted while you are in there.

    My point about this post : The complex (or anything) is promoting for its service and facilities and it is one of their concerns to ensure that you are secure. If it is not the case, it should be.

    As we say :  Fodait arrive sa r zotte et lerla nu pu gueter si zotte pu ferme liziers retourne lakaaz, ou soi zotte pu leve ene bezer. At that moment, come back again and comment 🙂

  • Harry

    No one can guarantee security in carpark even if it is paid…. I guess that’s why people should put Comprehensive insurance in their car….

  • HArry

    That’s one of  the reason why we pay Comprehensive Insurance for our cars…..

  • Akash Gura Goredo

    @ Yashvin:
    About the security fail (line of caddies completely obliterating one lane) sorry to reply to your query with a question: did you notice how many vehicles actually gave a turning signal to avert this obstruction? My stats would say less than 1 in 10. This is because road safety actually bothers almost no-one here: neither the enforcement authorities nor the (supposedly educated) public itself.
    Just like almost no-one tends to see how dangerous it is to change lanes (despite the very clear warning sign: STAY IN LANE) on the new motorway diversion currently in place at Montebello, Pailles. Or anything else for that matter…

    Just a last thing: did you notice how many commercial centres had special toilets installed for baby/toddler and disabled categories? If you think that’s an advancement, a better understanding/caring of customers, I tend to respond: mon cul, oui! Why? Just try to guess how many of these special toilets are actually open when you need them??

    And what about descalators? Why only escalators (for going up) but nothing similarly mechanised for going down. Architects (surely not the ones having agreed to accept this kind of obscenity) normally include PAIRS of escalators in their designs, but cost-cutting sends the descalators down the bin.

    All these brings me to say that the ‘commercants’ category of people here in Dodoland are just obsessed with getting our money the cheapest way possible, no concern about our safety or comfort. And one of them is supposedly pitted in a fight against ‘la vie chère’?? Mon cul, oui!

    @ Bernardo,
    may I remind you of something: when someone breaks a leg at my place, I get him/her immediate medical attention. The degree of care that I show will never bring any thought of legal redress to my guest’s mind at any time. This is the fundamental difference between the ‘commercants’ and us ordinary mortals. As for the duty of care, it rests on the place-owners: just remember the case of the lady who got all her medical expenses (plus a sizeable sum for damages) paid for by the municipality of Port Louis after getting injured from bad pavements. Lately, MEXA’s Danielle Wong went through the same ordeal and had all her (and her husband’s) suffereings compensated by way of a Court’s judgement. And yes, we should never remain silent just because “it’s like that abroad”: else, nothing will get corrected. And by inaction and feigned indifference, you become an accomplice to the misdeeds. 
    In any case and in fact, it’s NOT like that abroad – at least in the civilised countries that I’ve had the chance of visiting, the traders are absolutely not of the “pinerr” kind that we find here – customers are really the king/queen!

    About this disclaimer thing, may I share with you something nice that happened to me since 2008?

    Episode 1: Shoprite parking in 2008

    Brand new car parked just outside foodcourt. When returned to the car after dinner, found an enormous dent in the left rear door. As you may guess, no-one heard nor saw anything. Surely must have been a careless caddy (or intentional, who knows?) or a very hurried door opening. In any case, a motorcycle bumped in that same door some months later causing the dent to be repaired (very) luckily at no cost.

    Episode 2: in Caudan Waterfront parking in 2008.

    I parked near the toll booth (the one which is closest to the motorway), feeling more secure than you ordinary mortals because the proximity with the two people working there would be a natural deterrent. Kot kapav…
    When I returned, both door mirrors had vanished! The people working at the toll booth had neither heard nothing nor seen anything. And these people had the guts to insinuate that I was simulating a theft. I insisted that the security management be made to witness the theft, which they did after half and hour. The ‘responsable’ told me that I should have read about the disclaimer, and that nothing can be done against them.
    To this, I just told them I would report all the people working near that toll booth to the police. And I did so immediately at the Port Louis Waterfront police post. There, the policemen were nice enough to drive me back to the parking, and see for themselves that something was fishy with my case: the toll booth operators were so near my parking slot that they could not pretend being blind and death to this theft.
    I also insisted to have recorded that the toll booth operators were stinking of alcohol, to which all Caudan waterfront staff backed off and resumed their duty which suddenly regained importance…

    Sadly enough, it is only in 2010 that CID officers came back to me with no news: it is now that they were formally starting their inquiry.

    Episode 3: in Port Louis, near Meem Trading, on main road in 2010

    Went for a long shopping day on a busy Saturday morning, but forgot to raise all windows, and best of the best: driver’s window was completely open (meaning – from outside, you could very easily reach down to wallet, money below steering wheel, and open the door by releasing lock, etc). Came back after about 3 hours: shock!! horror!!! Nothing had gone! Purée…

    My advice to all of you:
    – Safest of all: park in a busy street: you’ll never see anyone looking into your car, nor brush against it.
    – your vehicle is most at risk when parked near people employed by the parking lot: they are the only ones to let people in and out and they know when and how to go about their fishy business.
    – If you don’t want dents, never park between 2 vehicles. Always keep nearest possible to walls, hedges, etc. Else, prepare for butchery.
    – Just make sure to park near bright street lights, the furthest away from the parking employees, and hide anything that can have resale value (hi-tech gadgets, purse, wallets, etc: if you really have to carry them in your car but not with you, just dump them in the boot – no-one will know or even ever have balls to open it to find out).

  • Comprehensive…

    Yes, I just hope you never need to go down the list of things that this ‘comprehensive’ cover actually does not cover. Because you’ll be in for nasty surprises, dear fellow human being, very nasty indeed!

  • “anticipate by having an ambulance, fire service and police to escort me”

    I beg your pardon, Sir, but I think you forgot about the trendy thing about personal protection nowadays: BOUNCERS!

  • This line of caddies is actually like keeping all lapo banann conveniently away from bins and on pavements. Or farting in peoples’ face. Or other similar niceties that show your vulgarity and lack of manners.

    Nice way of caring for your clients: it just shows that these people are only after money, nothing else matters.

  • Reena Dkl

    A little note to say that Michel did lose a new car cd player at Super U – Belle Rose…well, we did go through that n hell u wanna beat the crap out he thieves…yes, i do agree that malls should be more careful, yet…

  • Torpedo

    I’d like to see their faces when their things actually get stolen some day…

    C’est pas bien de crier ‘au loup’…

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  • Alvin

    The disclaimer notice, unlike traffic signs on roads, is not legally bounded at the shopping malls entrance. They have been given operating licences for their business. They should be satisfying the customers’ safety on their premises. You can still sue them for any damages, injuries or thefts occuring on their grounds.

  • Sasha

    I think you are over reacting on the caudan security and their duties., thats my opinion and I also think you are adding stuffs on these pictures, photoshops probably or other shops!

  • Dommage that you cannot really distinguish between genuine and photoshop’d pictures.
    It is never late to observe and learn dear.

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  • Roshni Modi

    hello.. i know this is an old post.. recently my car’s offside and near-side mirrors were stolen at bagatelle (saturday 14th november 2015 from 17h to 19h15). My car is insured luckily so the insurance has refunded me but i had to pay the excess amount. What i want to point out is be very careful when you are at bagatelle.. the parking is not safe at all.. I went to meet two managers at the Centre Management -Shakeel and Kristie. Both were very rude and told me that I park at my own risk at Bagatelle and informed me about the “disclaimer board”. I even met the CEO of Bagatelle Frederic Tyack. Cant tell you how arrogant and apathetic he was.. he told me that if they have to place cameras in the parking at bagatelle, they will have to invest a lot and ultimately the cost will be transferred to the people buying a shirt at bagatelle.. so to conclude, bagatelle does not take responsibility for anything happening to you/your car/your belongings on its premises.

  • Hello Roshni!
    Sorry to hear about that! I find it so unfair because what is the use of providing a parking space if they can’t secure it. And it is the same everywhere.

    In the future, make sure that you park your car closest to the malls instead of remote areas in the parking. If you can’t find a ‘secure’ parking, better not take the risk and drive to somewhere else.

    Thanks for leaving your feedback!

  • Roshni Modi

    hi Yashvin.. thanks for reading n replying.. the irony is my car was vis a vis the bookcourt parking.. in slot b3.. so not a remote one! 🙁 my bad luck.

  • Nadim

    Pathetic Bagatelle 🙁

  • Phew. Bad luck indeed!

  • Nadim
  • ?+ bad odour!?

  • Thanks Nadim !