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Post-Paid Terms & Conditions

1. DEFINITIONS

1.1 Acceptable Use Policy: is the policy that LYCAMOBILE notifies the Customer (either the policy required by LYCAMOBILE or any other Network operator providing the Services) and that governs acceptable use of the Services, which may be modified from time to time, details of which can be found in Annex 1 to these terms and conditions. The acceptable Use Policy Forms part of this Contract.

1.2 Allowance: The amount of Services which a Customer is entitled to use under a Monthly Bundle Plan.

1.3 Contract: is the agreement for LYCAMOBILE to provide the Service to the Customer, which is formalized when the Customer acquires and registers as such with LYCAMOBILE. These general terms and conditions form an integral part of that Contract.

1.4 Customer: a natural or legal person who signs a Contract with LYCAMOBILE.

1.5 LYCAMOBILE Customer Service: is the customer service department, which can be contacted by the customer for all questions relating to the LYCAMOBILE Service, accessed by calling 1976 toll free from a LYCAMOBILE telephone or 32466001976 from another operator’s telephone. Operator tariffs applicable.

1.6 LYCAMOBILE: Lycamobile SPRL (registration number: 887.848.918) whose registered office is Hermesstraat 8C, 1930 Zaventem, Belgique.

1.7 LYCAMOBILE Service or Service: the service through which the Customer uses the Network for the direct transport of telecommunication traffic from mobile users to and from connection points on the Network or to connection points on other networks.

1.8 LYCAMOBILE Post-Pay SIM Card or Monthly Bundle Plan: a post-paid card containing a microprocessor that facilitates access to the Services. A Monthly Bundle Plan containing a pre denomination of minutes for calls, SMS and data.

1.9 Network: the network for wireless telecommunications.

1.10 Products: LYCAMOBILE Post-Paid SIM CARD and LYCAMOBILE Monthly Bundle Plan or any other product offered by LYCAMOBILE.

1.11 Roaming Services: mobile telephony services which allow the Customer uninterrupted access to services outside of the European Union and which are provided using telecommunications systems of foreign networks over which LYCAMOBILE has no control.

1.12 Spending Cap: The maximum amount corresponding to the Services used which a Customer is allowed to spend per month, on top of the Services included in the Post-Pay SIM Card or in the Monthly Bundle Plan.

2. SERVICES AND OBLIGATIONS

2.1 LYCAMOBILE is obliged only to provide the necessary resources to ensure the proper operation of the Service. In this respect it shall establish the technical means necessary to provide access to this service under optimum conditions.

2.2 Mobile telephony is a form of wireless communication and operates on the basis of the transmission of radio frequencies and signals. As such, it may suffer interference from numerous external sources or inherent obstacles such as buildings, vegetation or terrain and therefore perfect transmission (relative to actual availability and quality of Service) cannot be guaranteed, everywhere and at all times.

2.3 The quality of the LYCAMOBILE Service depends on the quality of the mobile telephony device that the Customer uses. LYCAMOBILE has no control or influence on the quality of the mobile telephony device.

2.4 LYCAMOBILE shall use its best endeavors to provide the Services with satisfactory quality, adequate and reliable. In the event of a temporary interruption of the Service the provisions set forth in clause 13 would apply.

2.5 Occasionally the Network and Services may not be available due to requirements for improvement, modification, maintenance or other work related to the Network or Services. At such times, Services may be temporarily unavailable and LYCAMOBILE shall use its best endeavors to keep any period of unavailability to a minimum.

2.6 LYCAMOBILE offers Roaming Services but, due to the nature of these Services, LYCAMOBILE cannot guarantee the availability or quality of the Services using such Roaming Services.

2.7 The LYCAMOBILE POST PAID SIM Card is associated with a PIN code (personal identification number) and a PUK code (personal unlocking key). Instructions for use may change as a result of the use of new technologies and will be explained in the phone’s “user manual”. Customers must take all necessary precautions to keep their PIN and PUK codes secret. Customers are responsible for any inappropriate or malicious use resulting from intentional, incidental or accidental communication of these codes or from the transfer of their SIM Card.

2.8 The Customer acknowledges that whilst LYCAMOBILE will use its best endeavours to ensure error free service, LYCAMOBILE shall not be liable to the Customer for any loss or inconvenience not attributable to LYCAMOBILE caused to the Customer by any action of a distributor, including fraud, deception and/or non-payment, unless it derives from an instruction given by LYCAMOBILE to the distributor. In such cases, the Customer shall contact the distributor and/or retailer from whom the SIM card was purchased and request a refund.

2.9 Rates for calls using the Services are attached to the Contract. Additionally, they are displayed on marketing posters and on the website www.lycamobile.at./de. Any future rate change will be notified to the Customer before it becomes applicable.

2.10 LYCAMOBILE at the request of government agencies, regulatory or law enforcement bodies can record communications made using the Services.

2.11 It is LYCAMOBILE’s policy not to intentionally disconnect any call as long as the customers post-paid plan has not been exhausted or in default however, calls may be disconnected for reasons beyond LYCAMOBILE’s control, such as force majeure, carrier failure, technology failure or human error.

2.12 Customers are hereby informed of the risk inherent in the use of a mobile phone while driving a motor vehicle. LYCAMOBILE cannot be held liable for damages caused by an accident caused by the use of a mobile phone while driving a motor vehicle.

2.13 Customers are hereby informed of possible interference that a mobile phone may cause to certain types of sensitive equipment, such as medical devices, aircraft, etc. It is therefore essential that the instructions of the persons responsible for such equipment are strictly followed. LYCAMOBILE cannot be held responsible for any damage caused by failure to follow these instructions.

3. POST PAID SIM CARD

3.1 The LYCAMOBILE POST PAID SIM Card is used by inserting it into a compatible mobile phone device. Once the SIM Card has been inserted, the Customer will be able to access and use the Services without any delay.

3.2 The LYCAMOBILE POST PAID SIM Card remains the exclusive property of LYCAMOBILE. The Customer must keep the SIM Card in a safe place and not use it improperly. LYCAMOBILE will only agree to replace a SIM Card when it is found to be defective due to faulty workmanship or design. LYCAMOBILE may, at its discretion, charge 10 Euros for replacement of a SIM Card when the Customer has been responsible for the misuse, damage or loss of the original SIM Card. In addition, LYCAMOBILE reserves the right to withdraw a LYCAMOBILE POST PAID SIM Card in the case that the Customer incurs in any of the conducts listed in clause 10.1. Customer shall inform LYCAMOBILE of any damage to the SIM Card it has acquired. 3.3 A POST-PAID SIM Card will be issued to the Customer on a non-transferrable basis, subject to the following conditions-

(a) The information provided by the Customer are true, genuine and accurate and nothing material has been withheld.

(b) LYCAMOBILE reserves the right to have such information verified.

(c) the Customer shall not obtain more than 5 POST PAID SIM Cards including this one.

(d) the Customer shall provide such further information as LYCAMOBILE may reasonably require fulfilling any compliance requirements.

4. RATES AND CHARGES

4.1 Customers pay for the use of the Service under a Monthly Bundle Plan or by purchasing additional data through phoning Customer Services. An Allowance is made up of data, minutes for calls and SMS in accordance with the rates attached to the Contract.

4.2 A Customer will have a default Allowance limit to use out of Allowances, depending on the Monthly Bundle Plan contracted. Once all Allowances included in the Monthly Bundle Plan have been consumed (data, minutes for calls and/or SMS), LYCAMOBILE will notify the Customer at no cost that the limit of the Allowances has been reached. We allow the Customer to continue using our Services until the Spending Cap is reached. In such event, LYCAMOBILE will notify the Customer at no cost that the limit of the Spending Cap is reached. After this Spending Cap is consumed, the Customer must pay such amount in order to request another Spending Cap or buy another plan in addition to the one already contracted.

4.3 Customers may purchase additional data on LYCAMOBILE POST PAID SIM Card and Monthly Bundle Plan at any time after registration. Once the data usage included in your Allowance (and any included data offered with a data add-on, if applicable) has been exhausted, any additional data can be purchased by calling LYCAMOBILE Customer Services.

4.4 Charges for data purchased in addition to the data included in your Allowance will be charged on top of your Monthly Bundle Plan.

4.5 Premium and short number calls or SMS-texts are not included in the Allowances and will be charged at the specific tariffs indicated in the rates attached to the Contract.

4.6 If usage of a Product exceeds any part of your Allowance, or you use a Service that is not part of your Allowance, you will be charged an amount in addition to your Monthly Bundle Plan.

4.7 Unless otherwise stated, if you do not use all your Allowance included in a Monthly Bundle Plan in the relevant month, any remaining Allowance expires and is forfeited (it cannot be transferred, refunded, exchanged, redeemed for cash or carried over into another month).

4.8 Unused additional data will not be rolled over. It will expire and be forfeited. For the avoidance of doubt, please note that data included in your Allowance does not rollover.

5. MODIFICATION OF OPERATING CONDITIONS

5.1 Whenever required by the operating conditions or the organization of the Service, LYCAMOBILE may modify the technical characteristics of its Services. The Customers will be entitled to the compensation that may correspond to them for any substitution or modification of the mobile telephony terminals that are necessary for a change in the Network that affects the Services, in the terms expressed in this contract and in clause 14 thereof.

5.2 If the modifications of the operating conditions entail the modification of the contract, Customers are informed of their right of termination of the contract in case of disagreement. If the Customer exercises his right to the termination of the contract, any pending charges at that time will be settled and invoiced.

6. CUSTOMER SERVICE

6.1 The Customer may receive information about the Service or any incident affecting it through the Customer Service available on the number +32 466001976 and on the website https://www.lycamobile.be/en/; customers may direct their questions by ordinary mail to the following address: Lycamobile SPRL Hermesstraat 8C, 1930 Zaventem, Belgium or by e-mail to cs@lycamobile.be

6.2 Enquiries or requests relating to the application of social tariffs should be addressed to the Customer Service.

6.3 The Customer grants full validity to the records stored on LYCAMOBILE’s systems relating to communications between LYCAMOBILE and the Customer unless proven otherwise.

7. START, SUSPENSION, CANCELLATION AND PAYMENT OF THE MONTHLY BUNDLE PLAN

7.1 A Customer who wishes to avail the Monthly Bundle Plan shall:

(a) pay for the initial connection fee and setup payment of the by credit or debit card and;

(b) after that, proceed with the payment of the Monthly Bundle Plan.

The default method of payment of both concepts might be the direct debiting to a bank account or the bank account that the Customer has indicated committing itself to always maintain a sufficient balance in said account. However, an alternative method of payment can be agreed between the parties among those commonly used in commercial traffic. To use this option please contact the Customer Service.
The Customer shall be notified through SMS or email on successful or failed registration of the Monthly Bundle Plan.

7.2 LYCAMOBILE will start providing the service from the moment the Contract is signed. The service is provided in the national territory of Belgium, outside the same the Customer agrees to receive the Roaming Service unless you state otherwise by calling the Customer Service free of charge.

7.3 In the event that the Customer fails to comply with the obligations of this Contract or the requirements that may be established for a reasonable use of the Service as described in the LYCAMOBILE Acceptable Use Policy, the Service can be temporarily suspended, provided that a prior notice has been given to the Customer and that the breach has not been remedied. This temporary suspension will last a maximum of 90 days within an annual period.
In case of lack of payment, LYCAMOBILE will send a written reminder to the Customer at no cost. If the Customer does not pay within the notified deadline, LYCAMOBILE may, after providing the Customer a formal warning, put in place a “minimum service”, that only allows the Customer to call emergency services, to only receive incoming calls or might switch the Customer to a prepaid tariff. A new reminder will be sent to the Customer, inviting him to pay within the specified term. If the Customer does not pay within this new term, LYCAMOBILE may fully suspend the Services.
In case that the breach or lack of payment only affects the internet service or additional pricing services, the suspension would only affect said services.
The temporary suspension of the telephone services will not affect the possibility to receive incoming phone calls or to make emergency calls to the emergency numbers stablished by the public authorities.
The Customer will also have the right to request the temporary suspension of the services up to a 90 day period within an annual period. In such case, half of the proportional amount of the fees corresponding to the time affected by the suspension will be deducted from the invoice.

7.4 The suspension shall end when LYCAMOBILE ascertains that the Customer has fulfilled its obligations. The Customer must meet the costs of restoring the Services which can be up to 30 Euros. The suspension of the Service does not exempt the Customer from any of the obligations to which it is committed in this Contract. The Customer shall have the rights indicated by the legislation in force, unless the disconnection is due to a cause attributable to the Customer.

7.5 In the event of lack of payment by the Customer of any of the invoiced amounts exceeding three (3) months, or serious breach of his obligations under this contract temporary suspension of the Service in two occasions, or in the case that the Customer incurs in one of the circumstances set forth in clause 9.1, the Contract may be terminated unilaterally by LYCAMOBILE in advance by written notice, and without prior intervention of a court.
In case that said circumstances only affect the internet service or additional pricing services, the cancellation would only affect said services.

8. CUSTOMER RIGHTS

8.1 The Customer may request LYCAMOBILE, through Customer Care Services, to disconnect it from international calling services, higher rate services and additional rate services.

8.2 Disconnection shall take place within ten (10) days of the Customer’s request. In the event that, for reasons not attributable to the Customer, the disconnection is not carried out within ten (10) days of the request for disconnection, LYCAMOBILE shall bear the costs of the service for which disconnection has been requested but not carried out.

8.3 The Customer has the right to terminate the Contract at any time. Such right of termination can be exercised through any written means and without any statement of reasons. LYCAMOBILE shall make every effort to terminate the Service as soon as possible or on the date chosen by the Customer. LYCAMOBILE shall send a written notification to the Customer indicating the termination date of the Contract. The Customer shall remain liable with respect to LYCAMOBILE for all amounts due to it until the termination of the Contract. LYCAMOBILE may claim compensation due to the termination of a permanent contract or for the early termination of a fixed-term contract, unless the Contract is terminated after the sixth month following the entry into force of the Contract.

9. RIGHT TO WITHDRAWAL

9.1 This Section 9 applies if and only if you contract with LYCAMOBILE, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

9.2 You may cancel a Contract entered into with LYCAMOBILE through the LYCAMOBILE website, at any time within the period:

(a) beginning upon the day on which the Contract is entered into; and

(b) ending at the end of 14 days after the day on which the Contract is entered into, subject to Section
9.3. You do not have to give any reason for your withdrawal or cancellation.

9.3 You agree that LYCAMOBILE may begin the provision of services before the expiry of the period referred to in Section 9.2, and you acknowledge that, if LYCAMOBILE does begin the provision of services before the end of that period, if the services are partially performed at the time of cancellation, you must pay to LYCAMOBILE an amount proportional to the services supplied or LYCAMOBILE may deduct such amount from any refund due to you in accordance with this Section 9.

9.4 In order to cancel a contract on the basis described in this Section 9, you must inform LYCAMOBILE of your decision to withdraw or cancel (as the case may be). You may inform LYCAMOBILE by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that LYCAMOBILE will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

9.5 If you cancel a contract, on the basis described in this Section 9, you will receive a full refund of any amount you paid to LYCAMOBILE in respect of the offer or contract, except as specified in this Section 9.

9.6 LYCAMOBILE will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

9.7 LYCAMOBILE will process the refund due to you as a result of a cancellation on the basis described in this Section 11 without undue delay and, in any case, within the period of 14 days after the day on which LYCAMOBILE is informed of the cancellation.

10. RESPONSIBILITY OF THE CUSTOMER

10.1 The Customer shall not use the Services for the following activities:

A. Any inappropriate, immoral, fraudulent or illegal purpose or for the sending of any communication or for storing any information that is offensive, abusive, indecent, obscene or threatening in nature;

B. Causing, or unknowingly allowing others to cause, any malicious or annoying call to either LYCAMOBILE or any of LYCAMOBILE’s customers or others, including using the Network to send unsolicited insistent communications without reasonable cause;

C. For the purpose of causing damage or harm to the operation of the Network over which the Services are provided; and

D. The storage or distribution of information that does not belong to the Customer and that may be deemed to infringe the rights of a third party including the copyright of another person or other intellectual property rights (unless you have the prior consent of such third party).

10.2 At the time of purchase of a LYCAMOBILE POST PAID SIM Card or Monthly Bundle Plan, the Customer may be asked to register with LYCAMOBILE, asking the Customer to provide personal information including name, address, date of birth, nationality, etc. The Customer acknowledges that providing false information is a fraudulent act and if LYCAMOBILE concludes that such personal information is false, it shall have the right to suspend, partially or fully, your access to the Services and/ or terminate this Contract without prior notice and with immediate effect. If Lycamobile terminates this Contract for this reason, your SIM Card will be deactivated. If the SIM Card is deactivated, your specific telephone number will be reallocated to another Customer, you will not be able to access or use the Services, and you will not be entitled to a refund.

10.3 Customers must notify LYCAMOBILE of any changes to their personal data so that the data maintained by LYCAMOBILE is up to date.

11. BILLING

(a) You have the right to a billing which duly differentiates the concepts of prices charged for the services provided.

(b) In your first bill, you will be charged your first and second month of the Monthly Bundle Plan. Your first bill may also include a prorated amount from the date you connected to the date of your first bill.

(c) You may choose to purchase additional data from time to time. Charges will be applied to your monthly bill.

(d) All payments are to be made by the prescribed due date. Payment beyond due date shall entail late fees as prescribed by LYCAMOBILE.

(e) In the case of any delay or non-payment beyond the due date exceeding one (1) month LYCAMOBILE reserves the right to the temporary suspension of the services as set forth in clause 7.3 above. For restoring the services, you shall have to apply for reactivation of the connection, after making the due payment and the applicable connection charges.

(f) In case of any delay or non-payment beyond the due date exceeding three (3) months LYCAMOBILE reserves the right to the definitive cancellation of the service as set forth in section 7.5 above.

12. PROTECTION OF CUSTOMER DATA AND PERSONAL INFORMATION.

LYCAMOBILE processes personal data relating to its Customers, e.g. identification data, contact data, data on the Customer’s use of LYCAMOBILE Services, data on the Customer’s communication traffic, billing and payment data, and technical data. In this context, LYCAMOBILE acts as a data controller.

12.2 The Customer’s personal data is processed for the following purposes:
• The performance of the Contract with the Customer and the delivery of the Services requested by the Customer, as well as the administration and management of the relationship with the Customer; This requires LYCAMOBILE to process your contact data, such as your name and address, and the personal data related to your billing and payment data.
• Conducting informational and promotional campaigns for other products and services offered by LYCAMOBILE, when the Customer has provided its prior consent to receive such information;
• The improvement and development of the LYCAMOBILE Services contracted to by the Customer; LYCAMOBILE relies on its legitimate interest to process your personal data for such purposes.

12.3 LYCAMOBILE’s files may be accessible to third parties who work in the name or on behalf of LYCAMOBILE. In the cases stipulated by law, LYCAMOBILE shall hand over Customer data if requested to do so by the government services. The Customer has the right to access, correct and delete any data that relates to him. For further information about the processing of personal data by LYCAMOBILE, the purposes of the processing, the categories of personal data concerned, the data collection method, the retention period of the personal data, and the way in which the Customer can exercise his rights and set his privacy preferences, please refer to LYCAMOBILE’ privacy policy which is available on www.lycamobile.be/en/help/lycamobile-privacy-policy/.

13. QUALITY AND TEMPORARY INTERRUPTION OF SERVICES.

13.1 LYCAMOBILE shall provide the Service subject to the quality obligations set forth in applicable law. If the Customer has any doubt or complaint regarding the quality of the Service, he/she should contact the Customer Care Services.

13.2 In the event of a temporary interruption of the Service, the Customer shall be entitled to compensation, in the highest of the following amounts:

(a) An amount equal to the average amount invoiced for all Services interrupted in the three months prior to the interruption, prorated for the duration of the interruption.

(b) Five times the monthly fee or equivalent in force at the time of the interruption, prorated by the duration of the interruption.

The compensation will be automatically included in the invoice corresponding to the period immediately following the one in question. However, if the amount to be paid, by way of damages, according to the calculation explained above, is less than one (1) euro, then the compensation will not be automatic and will have to be expressly requested by the customer.

13.3 LYCAMOBILE undertakes that, except in the case of force majeure, interruptions in the Service arising from technical incidents or network maintenance activities shall not exceed eight (8) hours during a month. For each hour exceeding such commitment, LYCAMOBILE shall increase the amount of damages provided. In order to claim compensation, the customer must submit their claim for compensation to LYCAMOBILE’s Customer Service within one month of the restoration of Service. If damages are due and payable, LYCAMOBILE will credit the Customer’s account in the form of a credit at connection time.

13.4 In the event that of interruptions of the Internet access service during a billing period, the Customer will be entitled to a compensation consisting in the refund of the corresponding fees, prorated for the time the interruption has lasted. The compensation will be applied automatically, in the invoice corresponding to the period immediately following the one under consideration, when the interruption of the service has occurred in a continuous or discontinuous manner, and is greater than six hours in hours from 8 a.m. to 10 p.m.

13.5 LYCAMOBILE reserves the right to take the necessary measures, on its own initiative and without prior notice, in the event that the security, integrity or proper functioning of its Services are or may be jeopardized or in the event of fraud or abuse without LYCAMOBILE being liable for any compensation. Such measures may include the activation of protective measures or the suspension or limitation of the Customers’ access to the Service. LYCAMOBILE shall not be liable to the Customer for any consequences that may result from the implementation of such measures.

13.6 No damages shall be payable for interruption of the Service resulting from a serious breach of Contract by the Customer or for damage caused to the network resulting from the Customer’s connection of devices whose compatibility with regulations has not been assessed.

13.7 In interruptions due to force majeure, LYCAMOBILE will automatically compensate the Customer with the refund of the amount of the monthly fee and others independent of the traffic, prorated for the time the interruption would have lasted.

14. LYCAMOBILE'S LIABILITY

14.1 LYCAMOBILE shall be liable for damage to or loss of content of calls or SMS messages sent or received by the Customer provided that it can be demonstrated that LYCAMOBILE directly caused such damage or loss, in which case the Customer may seek the corresponding compensation in accordance with Belgian law.

14.2 LYCAMOBILE shall not be liable for damages caused by the intervention of a third party, including governmental, regulatory or administrative bodies.

14.3 LYCAMOBILE shall not be liable for indirect or intangible damages, such as additional costs, loss of revenue over profits, loss of customers, loss of or damage to data and loss of contracts caused by the malfunctioning of the service unless determined by applicable law.

14.4 LYCAMOBILE shall have no liability in the event of loss, theft or fraudulent or unlawful use of the LYCAMOBILE POST PAID SIM Card or Monthly Bundle Plan by LYCAMOBILE Customers. In addition, LYCAMOBILE shall not be liable to issue refunds used by LYCAMOBILE Customers or by any other person when a Customer does not have control of the LYCAMOBILE POST PAID SIM Card or Monthly Bundle Plan and LYCAMOBILE has not been notified of this fact. In addition, LYCAMOBILE cannot be held responsible for any consequences resulting from the use of services related to a LYCAMOBILE POST PAID SIM Card or Monthly Bundle Plan.

14.5 If the Customer suffers damage due to the malfunction of the Network or due to deficiencies in the execution of the Service, LYCAMOBILE may be liable in the case of damage.

14.6 If a Customer suffers damage, theft, damage or loss, he must notify LYCAMOBILE in writing as soon as possible.

14.7 LYCAMOBILE shall not be liable to perform any obligation or provide the Services in cases of force majeure, for example, any factor beyond its control, including but not limited to, assumptions of natural events, labor protest measures, breach or default of a third party, war, governmental action or by any law or decision made by a court of competent jurisdiction.

15. RESPONSIBILITY OF THE CUSTOMER

15.1 Customers shall be liable for damages of any kind caused to LYCAMOBILE or third parties by the misuse of LYCAMOBILE’s POST PAID SIM Card Monthly Bundle Plan, or for damages caused to any mobile telephony device, and shall compensate LYCAMOBILE for the damage they cause, including minor damages.

15.2 In the event of loss or theft of the LYCAMOBILE POST PAID SIM Card, it shall be the Customer’s responsibility to notify LYCAMOBILE as soon as this loss or theft is discovered, as well as to prevent someone else from using the SIM Card. The Customer shall be solely responsible for the SIM Card and may not claim any refund from LYCAMOBILE for the loss or theft thereof.

15.3 The Customer confirms that their credit or debit card and bank account details registered with LYCAMOBILE is owned by the Customer.

15.4 The Customer shall ensure that the credit or debit card and bank account provided has sufficient credit or balance at all times for debating the amount due.

16. CONTRACTUAL AMENDMENTS

16.1 This contract may be modified prior a formal notice by LYCAMOBILE to the customer within one (1) month in advance via; MMS; SMS, e-mail or other available means, when there is a change in the service, its conditions and applicable regulations, or a change in the market. In such case, the Customer shall have and will be notified of the right to terminate the contract without any penalization. However, if the Customer exercises his right to the termination of the contract, any pending charges at that time will be settled and invoiced.

16.2 LYCAMOBILE shall be entitled to assign any or all of its rights and obligations under these terms and conditions to any third party.

17. COMPLAINTS, LITIGATION AND APPLICABLE LEGISLATION

17.1 Notwithstanding clause 17.3, any complaint or dispute between the Customer and LYCAMOBILE concerning the provision of the Service must first be made to LYCAMOBILE’s Customer Service using the contact details provided in clause 6.

17.2 In order to make complaints regarding the Service, the Customer must address LYCAMOBILE, within one (1) month from the time he becomes aware of the fact giving rise to his complaint. Upon receipt of the complaint, LYCAMOBILE shall provide the Customer with the relevant reference number and investigate the complaint.
17.3 The Customer has the right to address his complaint at the ombudsman for telecommunications (http://www.ombudsmantelecom.be/nl/onthaal.html?IDC=36 without prejudice to going to court.

17.4 The inability of LYCAMOBILE or the Customer to assert its rights under this Agreement shall not prevent LYCAMOBILE or the Customer (whichever the case) from taking additional measures.

18. SUBSCRIBER DIRECTORIES

If the customer requests that his/her data be included in the subscriber directories, LYCAMOBILE will communicate those data that the Customer considers to the Telecommunications Market Commission so that the latter makes them available to the entities that prepare the directories and/or provide information services.

19. EMERGENCY SERVICES

LYCAMOBILE provides the customer with free access to emergency services, as well as information on the location of the person making the call, depending on the capacity of the systems of the area in which the Customer is at the time of calling these services, and the capacity of the Network Operator supplying the lines to LYCAMOBILE.

20. UNIQUE GENERAL CONDITIONS

The present general conditions replace any other previous general conditions that differ in their content and/or obligations, which, if applicable, will be without effect.