General Terms and Conditions of Use

1. Purpose

These general terms and conditions (the "General Terms and Conditions") define the terms and conditions for the provision of 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 people with housing to rent ("Hosts") and people looking for housing ("Tenants") to post listings and connect. The terms "Roomlala", "our", "us" or "we" 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 offered 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 the legal owner.
• The term "Tenant" refers to a user who is searching for or viewing 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 and Conditions are accessible and printable at any time from the "General Terms and Conditions" page. Certain parts of the Site may be governed by specific terms, standards, or policies; in case of contradiction, these specific terms prevail for the concerned part of the Site.

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

By posting a listing, you acknowledge that your relationship with Roomlala is limited to that of a Member and an independent third party: you cannot under any 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 the moderation of listings, Roomlala does not control and has no authority to control your listing or your related offline activities.

You are not permitted to lead others to believe that you are supported by, in partnership with, or acting on behalf of Roomlala, particularly through inappropriate use of its intellectual property.

2. Site Publisher and Contact

The Site and the Services are published and operated by the company Webalterimmo, a SAS with a capital of €111,800, registered with the Paris Trade and Companies Register under number 512 477 662, intra-community VAT number FR 70 512477662, whose registered office is 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 can 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, payout 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 a physical medium whose execution has begun, after the consumer's prior express agreement, before the end of the withdrawal period, when:

• the consumer has given their express consent to 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. Otherwise, the legal withdrawal period of fourteen (14) days applies.

4. Modification of the Site and Services

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

5. Eligibility

The Site and 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 old.

6. Nature of the service: connecting platform

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

Roomlala is neither the owner, nor the holder, nor the manager of the Housing: Roomlala does not own, sell, resell, supply, rent, or manage any Housing, 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 Services.

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

7. Account creation

To access certain Site features, or to create or post 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 share it with 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 post listings. Creating a listing involves providing various information about the Housing (location, capacity, size, features, availability, price). Listings are made public via the Site and the Services, and may also be shared 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, including location, trust rating, and the Tenant's search history. The main ranking and indexing parameters, as well as any 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 that you assume full responsibility for the listings you post. You declare and warrant that any listing and any related booking: (i) does not violate any agreement with a third party (condominium bylaws, association agreement, or social housing agreement, etc.); (ii) complies with all applicable laws, regulations, and tax and financial obligations related to the Housing (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 take out insurance adapted to the offered Housing and verify its exclusions and clauses, particularly those relating 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. Absence of guarantee regarding Members

Roomlala does not guarantee any Member, listing, or Housing. Members agree to provide accurate information. Roomlala may, for the sake of transparency or to strengthen the trust rating, request the communication of an identity document; this step does not constitute a statement, confirmation, or approval regarding a Member's identity. In the event of detected identity theft, the concerned profile may be deleted and banned.

The trust rating reflects the information provided by the Member and the number of provided identity proofs; 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 them.

10. Bookings, Premium Pass and payments

The Tenant may view listings and send a booking request to a Host according to the technical means deemed appropriate by Roomlala. The Host receives the request in their personal dashboard, may view the Tenant's profile, and is free to accept or decline it. Accepting a booking request does not constitute final consent to the rental: it marks the Host's agreement to enter into 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 to any Host who has posted a listing for free;
• the Tenant holding a Premium Pass can communicate freely with Hosts and send them their contact information;
• the Host holding a Premium Pass can communicate freely with Tenants and send them their contact information;
• any Member can subscribe to a Premium Pass from the Account page and choose the desired package 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 payment failure. By default, the Premium Pass is renewed automatically (information recalled in the subscription email); the subscriber can deactivate automatic renewal and cancel the subscription in their personal dashboard, under the conditions of Article 12.

Payment of rentals 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 such request from another Member with suspicion.

To cover the Site's operating costs, 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 the booking is confirmed, on the page preceding payment and on receipts.

Role of the payment provider and fund flows

Roomlala provides technical intermediation services 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 out to the Host within 48 hours after the Tenant's arrival at the Housing. If the Housing is not compliant with the listing or is unsanitary, the Tenant must report a dispute in their messaging system no later than 1:00 PM the day after arrival.

For rentals of more than 2 months, starting from the 2nd month, payments are paid out to the Host no earlier than 48 hours after the due date (or 48 hours after payment if it occurs after the due date), subject to the prior receipt of the payment by the provider, each month for the duration of the rental.

In case of material damage or theft, it is the Host's responsibility to contact Roomlala to determine applicable compensation. As a Tenant, you must return the Housing in the state 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 Housing. 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 the event of cancellation by the Tenant before arrival, the amount refunded to the Tenant and any compensation 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 booking confirmation; the details of the scales are specified in the Help Center, which is an integral part of these General Terms and Conditions.

Cancellation by the Host

In the event of cancellation by the Host before arrival, the Tenant is fully refunded for the amounts paid. To maintain the reliability of the Service, a flat-rate compensation 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 compensation under the conditions of Article 16.

Long-term rentals

For long-term rentals, Roomlala reminds the Host and Tenant each month of the approaching payment deadline 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 declines all responsibility in the event of unpaid rent and does not act as an intermediary in case 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 the payment of rent may be deactivated if the Host and the Tenant have agreed on an early termination. Roomlala then ceases to issue rent payment requests, allow online payment, inform the Host of payments, pay out the rent, and provide rent receipts. Deactivating online payment does not end the rental: the termination of the lease is exclusively a matter for the Tenant and the Host, who are invited to find out about the law and the termination procedures 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 relating to a request for a security deposit. Roomlala recommends that both parties read the rental contract carefully, which serves as the basis for their relationship.

Models of contracts and documents offered by Roomlala

Roomlala may make models of rental contracts and other standard documents (inventory check, rent receipts, etc.) available to Members. These models are provided for information purposes only and constitute 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 particular situation of the parties, the Housing concerned, or the regulations applicable to their type of lease. Their provision does not constitute legal advice or consulting services.

Roomlala is not a party, contractor, or 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 the Members' responsibility, before any signature, to verify the content of the contract, complete and adapt it to their situation, and ensure its compliance with applicable laws and regulations, if necessary by consulting a legal professional (lawyer, notary, ADIL, etc.). Roomlala cannot be held liable for the content, use, non-performance, or legal effects of a contract concluded between Members.

11. Premium Pass refund

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

• the Premium Pass has ended for less than 7 days;
• no booking was confirmed during the duration of the Pass, and no confirmed booking was cancelled during this period;
• no exchange of contact information (email address or phone number) was detected in the messages related to relationships created during this period;
• the Tenant has a profile with a photo and a verified identity.

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

• the Premium Pass has ended for less than 7 days;
• no booking was confirmed during the duration of the Pass, and no confirmed booking was cancelled during this period;
• no exchange of contact information (email address or phone number) was detected in the messages related to relationships created during this period;
• the Host has a profile with a photo and a verified identity;
• the Host has at least one active listing whose quality index is greater than or equal to 80%.

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

The verification of a possible exchange of contact information may be carried out by means of automated processing of the messages exchanged on the platform, if necessary using 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 may 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. Unsubscription and termination

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

Since the Premium Pass was subscribed to online, the Member may, at any time and for free, deactivate automatic renewal and terminate their subscription directly from their personal dashboard, via a feature that is accessible and as simple as the subscription process, in accordance with Article L215-1-1 of the Consumer Code. Roomlala informs the Member, by any means, of the deadline for opposing the renewal, under the conditions of Article L215-1 of the same code. In case of unsubscription 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 may choose to pay and receive payments in different currencies, which implies the necessary conversions. Although the Site allows prices to be viewed in many currencies, the number of currencies in which payments can be made and received is limited. The currency is not always set by default according to the geographical area.

14. User conduct

You are responsible for your conduct with regard to the laws, regulations, and obligations that govern your use of the Site and Services. You agree in particular not to:

• infringe upon applicable laws, regulations, or court decisions, including 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 Services for commercial or marketing purposes not expressly authorized, or in a manner that falsely implies endorsement by Roomlala;
• dilute, tarnish, or infringe upon the Roomlala brand, particularly 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 Services (viruses, trojan horses, harmful code, etc.);
• transmit or publish information relating to another person without their authorization, including 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, Housing that you do not own or are not authorized to rent;
• invite or solicit Members to use third-party services or sites that compete 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 the intellectual property, publicity, or privacy rights of a third party; (ii) violates any law or regulation, or incurs civil liability; (iii) is fraudulent, false, or misleading; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) encourages discrimination, hate, 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 proprietary information of Roomlala without its written consent;
• monetize, sell, or license all or part of the access to the Site or Services, or the information stored or shared therein.

In the event of a 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 agrees to indemnify Roomlala for damages directly caused by a faulty breach on their part of these General Terms and Conditions, and to indemnify it against third-party claims resulting from such a breach.

15. Reporting illicit content

Any user may report to Roomlala content that they deem illicit or contrary to these General Terms and Conditions, using the reporting tool accessible on the Site or by contacting Customer Service. The report must be sufficiently precise and motivated to allow identification of the concerned content (location, reasons, contact details of the declarant). 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 (including shocking, violent, or sexually inappropriate, suspicion of theft, or serious disturbance), you must report it immediately to the competent authorities and then to Roomlala, by providing the number and the service of the police report. Such a report only obligates Roomlala to the measures required by law.

16. Moderation, decisions and remedies

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 and Conditions, or harmful to the Site, the Services, or other Members.

Unless legally prohibited or when the request originates from an authority, Roomlala communicates to the concerned Member a statement of reasons for the decision and informs them of the available remedies. The Member may contest the decision, free of charge, via the internal complaint handling system accessible from Customer Service, and present their point of view. Judicial remedies 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 liability limits provided by these texts.

17. Roomlala's liability

Roomlala acts in the capacity of a host within the meaning of Law No. 2004-575 of June 21, 2004, and cannot be held liable for third-party content, with any complaint to be directed toward the content author. Roomlala declines all responsibility in the event of a dispute between Members.

Roomlala undertakes to ensure the functionality and accessibility of the Site. It reserves the right to temporarily suspend access for maintenance. Roomlala cannot be held liable for temporary unavailability resulting from circumstances beyond its control, a case of 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 completely free of errors or defects, nor that, being standard, they will specifically meet the particular needs of a Member. Nothing in these General Terms and Conditions 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. Under 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 solution, not an alternative one, intended to expand the search scope for a rental and increase the visibility of a listing, without replacing the other means available to the user to achieve the same goal.

19. Intellectual property and Member content

Roomlala's intellectual property

The systems, software, structures, infrastructures, source codes, databases, and content of all kinds (texts, images, visuals, music, logos, trademarks, etc.) used by Roomlala on the Site are protected by current intellectual property laws. Roomlala reserves all of 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 networks

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 free license authorizing Roomlala to reproduce, represent, adapt (cropping, resizing, subtitling), and distribute this content on the Site, the Derived Sites, as well as on Roomlala's official accounts on social networks (including Facebook, Instagram, X, TikTok, LinkedIn, and YouTube), for the purposes of presenting and promoting the Site, the Services, and the Members' listings.

The Member declares and warrants that they possess all the rights and authorizations necessary for the content they publish, including, where appropriate, the authorization of identifiable persons who appear in it.

The Member may 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 the corresponding publications on Roomlala's social networks, subject to the technical implementation deadlines and shares 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
Saisine en ligne : https://www.cm2c.net/declarer-un-litige.php

Recourse to mediation is an option offered to the consumer; it does not constitute a mandatory prerequisite for taking the matter to court. 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 liable 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 takes no part in any potential disputes with these third parties.

24. Complaints

Any action committed on the Site likely to prejudice a third party may 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 litigious facts; the reasons for removing the content, including legal provisions and justifications; and a copy of the correspondence sent to the content author 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 forward the complaint to the competent authorities.

25. Partner cookies

Regarding cookies used by our partners, you can deactivate targeted advertisements that appear during your browsing. 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 and Conditions. 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 may opt between (a) the application of the general terms and conditions in force at the time of subscription or (b) adherence to the new terms. They have a period of 15 days from the information regarding the modification to make their decision known by any appropriate means. In the absence of a response within this period, the Member is deemed to have opted for the general terms and conditions in force at the time of subscription.

27. Language, governing law and jurisdiction

These General Terms and Conditions are governed by French law. In the event of translation, the prevailing language of 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, in particular 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 the rules of common law. The consumer retains in any case the right to seize, at their choice, one of the courts territorially competent by virtue of the Code of Civil Procedure or the court of the place where they were residing at the time of the conclusion of the contract or the occurrence of the damaging event, in accordance with Article R631-3 of the Consumer Code.