2.1 LYCA MOBILE 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.

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 LYCA MOBILE Service depends on the quality of the mobile telephony device that the Customer uses. LYCA MOBILE has no control or influence on the quality of the mobile telephony device.

2.4 LYCA MOBILE 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 11 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 LYCA MOBILE shall use its best endeavors to keep any period of unavailability to a minimum.

2.6 LYCA MOBILE offers Roaming Services but, due to the nature of these Services, LYCA MOBILE cannot guarantee the availability or quality of the Services using such Roaming Services. Note that in case of Roaming Services in the EU or EEA, the Fair Usage Policy applies. The Fair Usage Policy is available on the LYCA MOBILE website.

2.7 The 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 Post-Paid SIM Card.

2.8 The Customer acknowledges that whilst LYCA MOBILE will use its best endeavours to ensure error free service, LYCA MOBILE shall not be liable to the Customer for any loss or inconvenience not attributable to LYCA MOBILE 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 LYCA MOBILE to the distributor. In such cases, the Customer shall contact the distributor and/or retailer from whom the Post-Paid 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 https://www.lycamobile.nl/nl/rates/ . Any future rate increase will be notified to the Customer before it becomes applicable in line with article 14.1. LYCA MOBILE is entitled to adjust the monthly amount of the Customer’s Monthly Bundle Plan every year in January as a result of inflation. This adjustment will be based on the annual increase in the consumer price index published by the CBS (Dutch Bureau for Statistics).

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

2.11 It is LYCA MOBILE’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 LYCA MOBILE’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. LYCA MOBILE 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. LYCA MOBILE cannot be held responsible for any damage caused by failure to follow these instructions.