General Terms and Conditions

1. Purpose

These General Terms and Conditions (the "General Terms") aim to define the terms and conditions for providing the services (collectively, the "Services") offered on the Roomlala.com site and other sites that reproduce or include its content (collectively, the "Derived Sites"), including roomlala.com and chambrealouer.com, as well as the rights and obligations of the parties.

Roomlala is an online platform that allows individuals with housing to rent ("Hosts") and individuals looking for housing ("Tenants") to publish listings and connect. The terms "Roomlala," "our," "we," or "us" refer to the Site publisher identified in Article 2.

• The term "Housing" refers to all residential and other properties offered for rent via the Site.
• The term "Roomlala Content" refers to all content provided by Roomlala via the Site, the Services, its campaigns, or its official social media accounts.
• The term "Host" refers to a user who offers a rental and publishes a listing for this purpose, whether or not they are a legal owner.
• The term "Tenant" refers to a user who searches for or views a listing published by a Host.
• The term "Member" refers to both Hosts and Tenants who have completed the account creation process on Roomlala.com.

These General Terms are accessible and printable at any time from the "General Terms" page. Certain parts of the Site may be governed by specific terms, standards, or policies; in the event of a contradiction, these specific terms prevail for the concerned part of the Site.

By accessing the Site or the Services, by downloading or publishing content, you acknowledge that you have read, understood, and accepted these General Terms. If you accept them on behalf of a company, organization, or other person, you declare and warrant that you have the authority to bind them. If you do not accept them, you are not authorized to use the Site or the Services.

By publishing a listing, you acknowledge that your relationship with Roomlala is limited to that of a Member and an independent third party: you can under no circumstances be considered an employee, agent, partner, or contractor of Roomlala. You act exclusively on your own behalf and for your own account. Except for listing moderation, Roomlala does not control and does not have the power to control your listing or your offline activities related to it.

You are not authorized to imply that you are supported by Roomlala, in partnership with Roomlala, or that you act on its behalf, notably through improper use of its intellectual property.

2. Site Editor and Contact

The Site and Services are edited and operated by the company Webalterimmo, SAS with a capital of 111,800 €, registered with the Paris Trade and Companies Register under the number 512 477 662, intra-community VAT number FR 70 512477662, with its registered office located at 38 rue de Levis, 75017 Paris. The company is represented by its President, the company ROUALLE SAS.

For any questions regarding the Site or the Services, you may contact our Customer Service. Online help is also available in the Help Center.

Payment operations carried out via the Site (collection of sums due by the Tenant, payment to the Host, collection of commissions, and Premium Pass subscriptions) are provided and executed by an authorized payment service provider, acting as a payment institution. The terms of this provider are accessible during the payment process.

3. Right of Withdrawal

In accordance with Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of digital content or a digital service without material support whose execution has begun, after express prior agreement of the consumer, before the end of the withdrawal period, when:

• the consumer has given express consent for the execution of the contract before the expiration of the withdrawal period; and
• the consumer has acknowledged that they will lose their right of withdrawal due to this anticipated execution; and
• Roomlala has provided the consumer with confirmation of their agreement.

When subscribing to a Premium Pass, the subscriber expresses this dual consent (request for immediate execution and acknowledgment of the loss of the right of withdrawal) before payment. Failing this, the legal withdrawal period of fourteen (14) days applies.

4. Modification of the Site and Services

Roomlala may update the Site and the Services at any time in order to improve their performance, security, or functionality. Any modification to these General Terms is brought to the attention of Members under the conditions provided in Article 26.

5. Eligibility

The Site and the Services are exclusively intended for adults. Any use or access by a minor is strictly prohibited. By accessing the Site or the Services, you declare and warrant that you are over 18 years of age.

6. Nature of the Service: Matching Platform

Roomlala provides an online intermediation service (information society service within the meaning of Directive 2000/31/EC) allowing Members to publish or view listings and connect directly for the rental of a Property. It is possible to view listings without being a Member; however, booking a Property and publishing a listing require the creation of an account.

Roomlala is neither the owner, nor the holder, nor the manager of the Properties: Roomlala does not own, sell, resell, provide, rent, or manage any Property, and is not a party to the rental contract concluded between the Host and the Tenant. Unless expressly stated otherwise, Roomlala's role is limited to facilitating access to the Site and the Services.

Roomlala does not control the content of listings, nor the status, legality, or suitability of the Properties. Members making or accepting bookings do so under their sole responsibility.

7. Account Creation

To access certain features of the Site, to create or publish a listing, you must register and create an account (the "Roomlala Account") to become a Member.

You are responsible for the confidentiality of your password. You must not disclose it to third parties and you are responsible for any activity performed from your Account, whether authorized by you or not. You must inform Roomlala without delay of any unauthorized use of your Account.

8. Housing Listings

As a Host, you can create and publish listings. Creating a listing involves providing various information about the Property (location, capacity, size, features, availability, price). Listings are made public via the Site and the Services, and may also be distributed on Roomlala's official social media accounts under the conditions provided in Article 19.

The order and ranking of listings in search results depend on several factors, notably the location, the trust rating, and the search history of the Tenant. The main parameters for ranking and referencing, as well as the possible existence of remuneration influencing this ranking, are described in a dedicated and accessible section of the Site, in accordance with Article L111-7 of the Consumer Code.

You acknowledge assuming full responsibility for the listings you publish. You declare and warrant that any listing and any booking related to it: (i) does not violate any agreement with a third party (co-ownership regulations, association or social landlord agreement, etc.); (ii) complies with all applicable laws, regulations, tax, and financial obligations related to the Property (including required authorizations, declarations, licenses, and registrations); and (iii) does not infringe upon the rights of any third party. Roomlala assumes no responsibility regarding the Host's compliance with these obligations.

Roomlala recommends that Hosts subscribe to insurance adapted to the offered Property and verify its exclusions and clauses, notably those related to the acts or omissions of Tenants (or their guests) during the stay.

Roomlala may remove or disable access to any listing under the conditions and according to the appeal procedures provided in Article 16.

9. No Guarantee Regarding Members

Roomlala does not guarantee any Member, any listing, or any Property. Members undertake to provide accurate information. Roomlala may, for transparency purposes or to strengthen the trust rating, request the communication of an identity document; this step does not constitute a declaration, confirmation, or approval regarding the identity of a Member. In case of detected identity theft, the concerned profile may be deleted and banned.

The trust rating reflects information provided by the Member and the number of identity documents provided; it does not guarantee the reliability of the Member. You accept that any claim based on the acts or omissions of another Member must be directed against that Member, as Roomlala cannot be held responsible for it.

10. Bookings, Premium Pass, and Payments

The Tenant can view listings and send a booking request to a Host via the technical means deemed appropriate by Roomlala. The Host receives the request in their personal space, can view the Tenant's profile, and is free to accept or decline it. Acceptance of a booking request does not constitute final consent to the rental: it indicates the Host's agreement to enter into a discussion with the Tenant. The Tenant must receive a response, positive or negative, within 2 days.

Free Access and Premium Pass

Members can access the Services for free or via a Premium Pass subscription:

• the Tenant can send a booking request for free to any Host who has published a listing;
• a Tenant with a Premium Pass can communicate freely with Hosts and transmit their contact details;
• a Host with a Premium Pass can communicate freely with Tenants and transmit their contact details;
• any Member can subscribe to a Premium Pass from the Account page and choose the desired plan and rate (including VAT).

The Premium Pass is payable via the authorized payment service provider (3-D Secure credit card or other offered means). Roomlala may suspend the Premium Pass in case of a payment incident. By default, the Premium Pass is automatically renewed (information reminded in the subscription e-mail); the subscriber can deactivate automatic renewal and terminate the subscription in their personal space, under the conditions of Article 12.

Rental Payments and Commissions

Rental payments must be made online, via the authorized payment service provider. Roomlala will never ask you to pay by postal money order and recommends that you treat any request to that effect from another Member with suspicion.

To cover the running costs of the Site, a commission is charged to Tenants and Hosts for each confirmed booking. This commission, calculated as a percentage of the booking amount, may vary (between 3% and 4.5% for Hosts and between 12% and 20% for Tenants). The exact amount is displayed before confirming the booking, on the page preceding payment, and on receipts.

Role of the Payment Provider and Fund Flow

Roomlala provides a technical intermediation service and does not collect funds on behalf of Members. The sums paid by the Tenant are collected, held, and paid out by the authorized payment service provider. By creating an Account and using this service, the Host authorizes the authorized payment service provider to collect in their name and on their behalf the sums resulting from the rental and to pay them out, with Roomlala acting only as the platform operator. The Host must have provided valid payment details to the payment provider.

The rent is paid to the Host within 48 hours after the Tenant's arrival at the Property. If the Property is not in accordance with the listing or is unsanitary, the Tenant must declare a dispute in their messaging system no later than 1 p.m. the day after their arrival.

For rentals of more than 2 months, starting from the 2nd month, payments are paid to the Host at the earliest 48 hours after the due date (or 48 hours after payment if it occurs after the due date), subject to prior receipt of the payment by the provider, each month during the rental period.

In the event of material damage or theft, it is the Host's responsibility to contact Roomlala to determine the applicable compensation. As a Tenant, you must return the Property in the state in which you found it and are responsible for your acts and omissions as well as those of the people you invite or to whom you give access to the Property. Hosts may request a security deposit in their listing.

Cancellation by the Tenant

Each listing is associated with a cancellation policy chosen by the Host from three levels: flexible, moderate, or firm. In case of cancellation by the Tenant before arrival, the amount refunded to the Tenant and the potential indemnity retained by the Host depend on this policy and the time remaining before the start of the rental. The exact applicable amount is displayed before the booking confirmation; the details of the scales are specified in the Help Center, which is an integral part of these General Terms.

Cancellation by the Host

In case of cancellation by the Host before arrival, the Tenant is fully refunded for the sums paid. In order to preserve the reliability of the Service, a flat-rate indemnity may be applied to the Host in case of repeated cancellations on their part over a rolling period, except in cases of force majeure. The terms (trigger threshold, amount, and reference window) are specified in the Help Center. The Host may contest the application of this indemnity under the conditions of Article 16.

Long-Term Rentals

For long-term rentals, Roomlala reminds the Host and the Tenant each month that the payment deadline is approaching and provides the secure payment platform allowing the Tenant to pay their rent and the Host to receive it via the authorized payment provider. This service is not covered by any unpaid rent guarantee: Roomlala disclaims all liability in the event of unpaid rent and does not act as an intermediary in the event of a dispute on this point, which must be resolved between the Tenant and the Host.

At the Host's request, Roomlala's intermediation in rent payments can be deactivated if the Host and the Tenant have agreed on an early termination. Roomlala then stops issuing rent calls, enabling online payment, informing the Host of payments, paying out rent, and providing receipts. Deactivating online payment does not end the rental: lease termination is exclusively the responsibility of the Tenant and the Host, who are invited to inquire about the law and the termination terms applicable to their type of lease. Roomlala takes no part in these negotiations and does not act as a mediator.

Roomlala is not a party to the rental contract, signed only by the Host and the Tenant, and does not intervene in negotiations related to a security deposit request. Roomlala recommends that both parties read the rental contract carefully, which serves as the basis for their relationship.

Model Contracts and Documents Offered by Roomlala

Roomlala may make available to Members model rental contracts and other types of documents (inventory check, receipts, etc.). These models are provided for purely indicative purposes and are simple proposals intended to facilitate the Members' procedures: they have no absolute legal value and are not guaranteed to be exhaustive, up-to-date, or adapted to the specific situation of the parties, the Property concerned, or the regulations applicable to their type of lease. Making them available does not constitute legal consultation or advisory services.

Roomlala is neither a party, nor a contractor, nor a guarantor of the contracts concluded between the Host and the Tenant, including when these contracts are established based on a model proposed by Roomlala. It is exclusively up to the Members, before any signing, to verify the content of the contract, to complete it and adapt it to their situation, and to ensure its compliance with applicable laws and regulations, if necessary by consulting a legal professional (lawyer, notary, ADIL, etc.). Roomlala's liability cannot be incurred due to the content, use, non-performance, or legal effects of a contract concluded between Members.

11. Refund of the Premium Pass

A Tenant can benefit from a refund of their Premium Pass if all the following conditions are met:

• the Premium Pass ended less than 7 days ago;
• no booking was confirmed during the duration of the Pass, and no confirmed booking was subject to cancellation during this period;
• no exchange of contact details (e-mail address or telephone number) was detected in the messages related to relationships created during this period;
• the Tenant has a profile featuring a photo and verified identity.

A Host can benefit from a refund of their Premium Pass if all the following conditions are met:

• the Premium Pass ended less than 7 days ago;
• no booking was confirmed during the duration of the Pass, and no confirmed booking was subject to cancellation during this period;
• no exchange of contact details (e-mail address or telephone number) was detected in the messages related to relationships created during this period;
• the Host has a profile featuring a photo and verified identity;
• the Host has at least one active listing with a quality score greater than or equal to 80%.

No refund is made if one of these conditions is not met.

The verification of a potential exchange of contact details can be carried out by means of automated processing of messages exchanged on the platform, if necessary with the help of a third-party technical provider. This processing is described in the Privacy Policy. In accordance with Article 22 of the General Data Protection Regulation, the Member can request a re-examination of the decision by a natural person, express their point of view, and contest the decision by contacting Customer Service.

12. Unsubscribing and Termination

A Member can delete their account at any time, directly from their personal account settings. Deleting the account entails, for Hosts, the deletion of published listings.

Having subscribed to the Premium Pass online, the Member can, at any time and free of charge, deactivate automatic renewal and terminate their subscription directly from their personal space, through a feature as accessible and simple as subscription, in accordance with Article L215-1-1 of the Consumer Code. Roomlala informs the Member, by any means, of the deadline to oppose the renewal, under the conditions of Article L215-1 of the same code. In case of unsubscribing before the end of the current subscription period, no refund of the Premium Pass is due for the remaining period, subject to Article 11.

13. Foreign Currencies

Tenants and Hosts can choose to pay and receive payments in different currencies, which implies the necessary conversions. Although the Site allows viewing prices in many currencies, the number of currencies in which payments can be made and received is limited. The currency is not always assigned by default according to the geographic area.

14. User Behavior

You are responsible for your behavior regarding the laws, regulations, and obligations that govern your use of the Site and the Services. You undertake in particular not to:

• violate applicable laws, regulations, or court decisions, notably urban planning rules and tax regulations;
• use software, devices, scripts, robots, or automated processes to access the Site, explore it, or extract its content;
• access the Site or the Services for commercial or marketing purposes not expressly authorized, or in a manner that falsely implies an endorsement by Roomlala;
• dilute, tarnish, or infringe upon the Roomlala brand, notably through the unauthorized use of the word "Roomlala" or derived terms in domain names, trade names, or trademarks likely to cause confusion;
• infringe upon the rights of Roomlala or any third party (intellectual property, privacy, image, contracts);
• disrupt or damage the Site or the Services (viruses, Trojan horses, harmful codes, etc.);
• transmit or publish information relating to another person without their authorization, notably photographs or personal data;
• stalk or harass another user, or collect and store their personal data for purposes other than completing a transaction on the Site;
• offer, as a Host, a Property that you do not own or are not authorized to rent;
• invite or solicit Members to use third-party services or sites competing with Roomlala without express written authorization;
• impersonate a third party, falsify documents, or make false statements;
• submit a listing containing false or misleading information, including pricing, or a rate that you do not intend to honor;
• adopt disruptive, abusive, or harassing behavior;
• publish or transmit any content that: (i) infringes upon the intellectual property, publicity, or privacy rights of a third party; (ii) violates any law or regulation, or creates civil liability; (iii) is fraudulent, false, or misleading; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) encourages discrimination, hatred, harassment, or harm; (vi) is violent or threatening; or (vii) encourages illegal or harmful activities or substances;
• copy, reproduce, or exploit the Site, the Services, the name, trademarks, logos, and exclusive information of Roomlala without its written consent;
• monetize, sell, or concede all or part of the access to the Site or the Services, or information stored or shared therein.

In case of breach of these obligations, Roomlala may take the measures provided for in Article 16 and, where appropriate, initiate legal proceedings within the limits permitted by law. The Member undertakes to indemnify Roomlala for damages directly caused by a culpable breach on their part of these General Terms, and to hold it harmless against third-party claims resulting from such a breach.

15. Reporting Illicit Content

Any user can report to Roomlala content they deem illicit or contrary to these General Terms, using the reporting tool accessible on the Site or by contacting Customer Service. The report must be sufficiently precise and reasoned to allow identification of the content in question (location, reasons, reporter's contact details). Roomlala acknowledges receipt of the report and processes it with diligence, in a non-arbitrary and objective manner, in accordance with Regulation (EU) 2022/2065 (Digital Services Act).

If, as a user, you stay with another Member or host them and they adopt inappropriate behavior (notably shocking, violent, or sexually inappropriate, suspicion of theft, or serious disturbance), you must report it immediately to the competent authorities and then to Roomlala, providing the number and the service of the police report. Such a report only obliges Roomlala to the measures required by law.

16. Moderation, Decisions, and Appeals

Roomlala may, in compliance with Regulation (EU) 2022/2065, restrict the visibility of a listing or content, remove it, suspend or terminate an Account, or suspend the provision of all or part of the Services, when content or behavior is illicit, contrary to these General Terms, or harmful to the Site, the Services, or other Members.

Unless legally prohibited or when the request comes from an authority, Roomlala provides the concerned Member with a statement of reasons for the decision and informs them of available appeal channels. The Member can contest the decision, free of charge, via the internal complaint handling system accessible from Customer Service, and assert their point of view. Judicial appeal channels and consumer mediation (Article 22) remain open.

Roomlala acts in its capacity as a host within the meaning of Law No. 2004-575 of June 21, 2004, for trust in the digital economy and Regulation (EU) 2022/2065, within the limits of liability provided for by these texts.

17. Liability of Roomlala

Roomlala acts in its capacity as a host within the meaning of Law No. 2004-575 of June 21, 2004, and cannot be held responsible for third-party content, with any claim needing to be directed toward the author of the content. Roomlala disclaims all liability in the event of a dispute between Members.

Roomlala undertakes to ensure the functionality and accessibility of the Site. It reserves the possibility of temporarily suspending access for maintenance. Roomlala cannot be held responsible for momentary unavailability resulting from circumstances beyond its control, force majeure, or difficulties related to telecommunications networks.

The Services are provided with the care reasonably expected of a professional. Roomlala does not guarantee that the Services will be totally free of errors or defects, nor that, being standard, they will specifically meet the particular needs of a Member. Nothing in these General Terms has the effect of excluding or limiting Roomlala's liability in the event of fraud, gross negligence, bodily injury, or in any case where the law prohibits it. Subject to these reservations, Roomlala's liability is limited to direct and foreseeable damages resulting from a breach attributable to it.

18. Subsidiarity

The Member acknowledges that the Services constitute a complementary, and not alternative, solution intended to broaden the scope of a housing search and increase the visibility of a listing, without replacing other means the user has to reach the same objective.

19. Intellectual Property and Member Content

Roomlala Intellectual Property

The systems, software, structures, infrastructures, source codes, databases, and content of any nature (texts, images, visuals, music, logos, trademarks, etc.) used by Roomlala on the Site are protected by current intellectual property rights. Roomlala reserves all these rights. Any form of disassembly, decompilation, extraction, reuse, reproduction, representation, or use of all or part of these elements without Roomlala's authorization is strictly prohibited and subject to legal action.

Content Published by Members and Distribution on Social Media

By publishing content on the Site (public profile, listing, photographs, presentation videos, etc.), the Member grants Roomlala, for the whole world and for the duration of the content's publication on the Site, a non-exclusive and royalty-free license authorizing Roomlala to reproduce, represent, adapt (cropping, resizing, subtitling), and distribute this content on the Site, Derived Sites, as well as on Roomlala's official social media accounts (notably Facebook, Instagram, X, TikTok, LinkedIn, and YouTube), for the purposes of presenting and promoting the Site, the Services, and Members' listings.

The Member declares and warrants that they possess all rights and necessary authorizations regarding the content they publish, including, where applicable, the authorization of identifiable people appearing therein.

The Member can request at any time the removal of content distributed on Roomlala's official social media accounts by contacting Customer Service; Roomlala will then proceed with the removal as soon as possible. Deleting the content on the Site or deleting the Member's Account entails the removal of corresponding posts on Roomlala's social media, subject to technical implementation timeframes and reposts made by third parties, over which Roomlala has no control.

20. Personal Data

Roomlala processes Members' personal data in accordance with Regulation (EU) 2016/679 (GDPR) and Law No. 78-17 of January 6, 1978, as amended. The purposes, legal bases, retention periods, recipients (including technical providers and the authorized payment service provider), any transfers outside the European Union, and the rights of individuals (access, rectification, erasure, opposition, limitation, portability) are described in the Privacy Policy, which Members are invited to consult.

Roomlala maintains a register of its processing activities and has appointed a data protection officer, reachable at the address dpo@roomlala.com. Toute personne peut introduire une réclamation auprès de la Commission nationale de l'informatique et des libertés (CNIL).

21. Publicité

Roomlala peut insérer des messages publicitaires ou promotionnels sur toute page du Site et les associer à un contenu publié par un Membre, dans les conditions qu'il détermine. Les Membres reconnaissent que Roomlala peut afficher de tels contenus sur le Site.

22. Médiation de la consommation

Conformément aux articles L611-1 et suivants du Code de la consommation, tout consommateur a le droit de recourir gratuitement à un médiateur de la consommation en vue de la résolution amiable d'un litige l'opposant à Roomlala, après avoir tenté de le résoudre par une réclamation écrite préalable auprès du Service Client.

Roomlala relève du médiateur suivant :

CM2C — Centre de la Médiation de la Consommation de Conciliateurs de Justice
49 rue de Ponthieu, 75008 Paris
Téléphone : 01 89 47 00 14
Courriel : litiges@cm2c.net
Online referral: https://www.cm2c.net/declarer-un-litige.php

Recourse to mediation is a faculty offered to the consumer; it does not constitute a mandatory prerequisite for taking legal action. In the event of a cross-border dispute within the European Union, the consumer can also contact the network of European Consumer Centres.

23. Links and Third-Party Sites

Roomlala cannot be held responsible for the technical availability of third-party sites accessible via the Site, nor for their content, advertisements, products, or services, which are governed by their own terms. Roomlala is not responsible for transactions concluded between a Member and an advertiser, professional, or third-party seller, and does not take part in potential disputes with these third parties.

24. Complaints

Any action committed on the Site likely to prejudice a third party can form the basis of a complaint to Roomlala, addressed to the registered office: Webalterimmo, 38 rue de Levis, 75017 Paris.

In accordance with Article 6-I-5 of the Law of June 21, 2004, the notification must include: the date of the notification; the identity of the claimant (for a natural person: surname, first name, profession, domicile, nationality, date and place of birth; for a legal entity: form, name, registered office, and the body representing it); the name and address of the recipient; the description and precise location of the disputed facts; the reasons for removing the content, including legal provisions and justifications; and a copy of the correspondence sent to the author of the content requesting its removal or modification, or the justification for the impossibility of contacting them.

Roomlala may take any appropriate measure, without any obligation on its part, and/or transmit the complaint to the competent authorities.

25. Partner Cookies

Regarding cookies used by our partners, you can deactivate targeted advertisements that appear during your navigation. By selecting this option, you will continue to receive advertisements, but they will no longer be adapted to your interests. To learn more and exercise your choices, consult Your Online Choices. You can also manage cookies in your browser or device settings. For more information on the processing of your data, consult the Privacy Policy.

26. Modification of These General Terms and Conditions

Roomlala reserves the right to modify these General Terms. Registered Members are informed of any modification, by any useful means, before it comes into force. A Member who does not accept the modified terms must, before they come into force, unsubscribe from the Services. Any Member using the Services after the entry into force of the new terms is deemed to have accepted them. Non-registered Members are invited to regularly check the latest version in force.

By way of derogation, when a Member has subscribed to a Premium Pass, they can choose between (a) the application of the general terms in force at the time of subscription or (b) adherence to the new terms. They have a period of 15 days from being informed of the modification to make their decision known by any appropriate means. Failing a response within this period, the Member is deemed to have opted for the general terms in force at the time of subscription.

27. Language, Applicable Law, and Jurisdiction

These General Terms are governed by French law. In the event of translation, the prevailing language for interpretation is French.

In the event of a dispute relating to their validity, interpretation, or execution, or concerning the Services or the Site, the parties will seek an amicable solution, notably through the mediation provided for in Article 22, before any legal action. In the absence of an agreement, the dispute will be brought before the competent courts according to common law rules. The consumer retains in any case the right to seize, at their choice, one of the courts territorially competent under the Code of Civil Procedure or the court of the place where they resided at the time of the conclusion of the contract or the occurrence of the harmful event, in accordance with Article R631-3 of the Consumer Code.