Terms and Conditions

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General Terms and Conditions:

These general terms and conditions describe the rights and obligations of Lycamobile Europe Limited and its Customers concerning the delivery, performance and use of the Products and Services.

  1. Introduction and definitions

    The following general terms and conditions apply to all customers who want to use the services offered by Lycamobile Europe Limited (“Lycamobile”) which is established in Frankfurt am Main, Germany, and who have their residence (abode) within the territory of the Federal Republic of Germany and/or are supplied and/or allotted with a German telephone number.

    Lycamobile offers its service exclusively in accordance with the German Telecommunication Law (TKG) and under the present terms and conditions. The rules on customer protection set out in the TKG apply even if they are not specifically mentioned.

    For the following general terms and conditions the following definitions apply:

    1. Acceptable Use Policy: The policy governing the use of the Products and Services by a Customer.
    2. Account: The mobile telephone account registered or activated by a Customer that Lycamobile uses to provide the Products and Services to a Customer and to administer a Customer’s Personal Data.
    3. Agreement: These general terms and conditions, the Handbook accompanying the SIM Card, and the Charges published by Lycamobile from time to time, including any special offers.
    4. Charges: The tariffs applicable from time to time for the use of the Services, including any connection fees and special offers. The current tariffs are available at www.lycamobile.de. The customer has the obligation to inform himself about the prices, see Nr. 3.4.
    5. Customer: Any individual, company or partnership that registers or activates an Account with Lycamobile. In these general terms and conditions, the Customer is sometimes referred to as “you” or “your”.
    6. Customer Services Department: The department of Lycamobile that you may contact for any enquiries about the Products or Services. You may contact the Customer Services Department in several ways:
      • dial 322 from a Lycamobile Account
      • dial 069 1200 7322 from any other telephone or from abroad
      • visit the website of Lycamobile at http://www.lycamobile.de.
      • e-mail the Customer Services Department at cs@lycamobile.de.
    7. Lycamobile: Lycamobile Europe Limited with its office located at
      3rd Floor, Walbrook Building, 195 Marsh Wall
      London E14 9SG, UK
    8. Network: The telecommunications networks used by Lycamobile to provide the Services to you.
    9. Personal Data: The personal information that you provide to Lycamobile or that Lycamobile generates, collects, uses, processes and stores about you while providing the Services, including but not limited to your name, address, date of birth, mobile telephone number, call data records including Traffic Data and Location Data, top-up records, credit card or debit card details, billing records, voice mail recordings, copies of e-mails including your e-mail address, and records of Customer Services Department enquiries made by you.
    10. Privacy Policy: The policy that describes how Lycamobile generates, collects, uses, processes and stores your Personal Data. The current Privacy Policy is available at http://www.lycamobile.de.
    11. Products: The Lycamobile SIM Card and Lycamobile Top-Up Voucher and any other products offered by Lycamobile, including promotional products.
    12. Roaming Services: The mobile telephone services that you use when travelling outside Germany.
    13. Services: The mobile telephone services that Lycamobile provides to you, including voice calling, messaging and data services, voicemail, calling line identification presentation (CLIP), calling line identification restriction (CLIR), Top-Up Services, Roaming Services and the services provided by the Customer Services Department.
    14. SIM Card: The prepaid, pre-activated card containing a microprocessor that allows you to access and use the Services by inserting the SIM Card into a compatible GSM mobile telephone.
    15. Top-Up Services: The services you may use to add credit to the balance of your Account, including the Top-Up Voucher, Online Top-Up and Auto Top-Up.
    16. Top-Up Voucher: A multifunction voucher (whether in physical or electronic form) containing a code that allows you to access and use the Services by redeeming the face value of the voucher.

  2. Services and Obligations

    1. Lycamobile will provide the Services to you using its own Network and the Networks of one or more telecommunications operators. The network availability is 97 % (calculated over a calendar year). Occasionally any of these Networks may be unavailable for maintenance, modifications, upgrades, emergencies or to protect the security of the Network. At these times the Services may be temporarily unavailable and the aforementioned outages are not regarded when calculating the availability.
    2. Mobile telephony is a form of wireless communication and operates on the basis of the transmission of radio and signal frequencies. The transmission of these radio and signal frequencies may be affected by congestion on the Network due to the number of calls or messages or the amount of data being sent and received.
    3. The transmission of the radio and signal frequencies may also be affected by the location of the base stations, obstacles such as buildings or underpasses, and by external factors such as geographic or atmospheric conditions. The Services may also be affected by the quality of the GSM mobile telephone chosen and used by you.
    4. The Roaming Services are subject to the roaming contracts and service quality levels that have been agreed between other national and international telecommunications operators. Lycamobile does not have any control over the contracts or service quality levels agreed between these telecommunications operators.
    5. For the reasons described above, Lycamobile does not warrant or guarantee that the Services will be uninterrupted or error free (in terms of Network availability, quality or coverage) in all locations at all times, or that the Services will be suitable for your specific requirements, or that the Services will be completely secure against unauthorised interception.
    6. Lycamobile will endeavour to keep any disruption to the Services to a minimum; however Lycamobile will not be liable to you for any loss, damage or inconvenience incurred by you as a result of any disruption to the Services for the reasons described above. For the avoidance of doubt this comes not to effect in the case of deliberate action.
    7. Associated with your SIM Card is the PIN code (personal identification number) and the PUK code (personal unlocking key). The PIN and PUK codes must never be kept together. You will take every necessary precaution to preserve the secrecy of your PIN and PUK codes. You will be liable for any fraudulent or improper use of your SIM Card or Account that results from the intentional or accidental disclosure of your PIN or PUK code or the transfer of your SIM Card to another person.
    8. Our Customer Services Department can supply details of the other mobile operators we have roaming or porting arrangements with from time-to-time.

  3. Conclusion of the contract: framework contract and further contracts on individual use

    1. Lycamobile contracts with its customers on the basis of a framework contract. This framework contract gives the customer the right to use Lycamobile’s services. The framework contract is concluded only if the customer subscribes to Lycamobile’s services correctly on their website and Lycamobile accepts potential customer’s subscription and contractual offer by sending the access data or in some other appropriate manner. If the customer did not purchase any top up credit or the top up credit has expired, the framework contract has no fixed term and can be terminated by either side at any time without any notice period.
    2. The use of the single services which are subject to a service charge like outgoing calls or other services is only possible if a valid framework contract between the customer and Lycamobile exists (“the customer has signed in to the services”) and the parties additionally contract for each single service which is subject to a charge (e.g. call, text message, data connection individually. This individual contract on the basis of the framework contract is concluded by the customer requests the service (contractual offer) and Lycamobile delivers the service (acceptance of contractual offer). Each single contract terminates with the service being delivered. Therefore, the contractual relationship resembles the “closed call by call” standard known in landline telephone contract. The special characteristic of the present contractual relationship lies in the manner how the services are charged and paid in advance by the customer by purchasing top up credit (“Prepaid”).
    3. To be entitled to use of the services which are subject to a charge within the limits of the framework contract, the customer has to purchase a top up credit in advance which allows to use the fee-based services in the specific situation while the cost of the service depends on the price list which applies at that moment. Those charges will be deducted from the current top up credit. (For details on billing and validity period please see numbers 4 and 5)
    4. The currently valid tariffs for the single services which are subject to a charge are published by Lycamobile on the website. The customer has the responsibility to self-dependently keep himself informed about the current tariffs that apply. Alternatively Lycamobile can as subject to its own discretion develop a procedure where the customer is being informed about current fees which apply at the start of the call by making an announcement or in any other appropriate way (e.g. via text message). As long as Lycamobile does not implement such a procedure, the customer has the responsibility to self-dependently keep updated on the current fees.

  4. SIM CARD, account and deactivation

    1. The SIM Card is used by inserting it into a compatible GSM mobile telephone. When the SIM Card has been inserted and you have registered or activated your Account, you will have access to, and be able to use, the Services.
    2. The SIM Card remains the exclusive property of Lycamobile. You must retain the SIM Card and not lose or damage the SIM Card. Lycamobile will only replace a SIM Card free of charge where it is found to be defective by reason of faulty workmanship or design. Lycamobile may charge you for a replacement SIM Card when you are responsible for the loss or damage of your original SIM Card or when someone has stolen your original SIM Card. It is your responsibility to promptly inform Lycamobile of any loss, damage or theft to your SIM Card, or any fraudulent or improper use of your SIM Card. You are informed that once you start using the Services or the Top Up Services you will lose any right to cancel this Agreement under distance selling legislation (see down below for details).
    3. If you do not use your SIM Card to make a voice call, or send a message or data, or if you do not purchase a top-up using the Top-Up Services, for a period of one hundred and eighty (180) days from the date you registered or activated your Account or your last use of the Services (whichever is later), Lycamobile will contact you by SMS or e-mail advising you that your SIM Card will be deactivated. Lycamobile will then provide you with an additional thirty (30) days to make a voice call, send a message or data, or purchase a top-up using the Top-Up Services.
    4. If you make a voice call, send a message or data, or purchase a top-up using the Top-Up Services within the additional thirty (30) day period, your SIM Card will remain active and you will be able to access and use the Services.
    5. If you do not make a voice call, send a message or data, or purchase a top-up using the Top-Up Services within the additional thirty (30) day period, your SIM Card will be deactivated. If the SIM Card is deactivated, your specific telephone number will be reallocated to another Customer unless you advise us in sufficient time that you wish to port your number to a new operator.
    6. From 5 August 2014 any new top up credit shall expire ninety [90] days from the date of top-up or recharge. For the avoidance of doubt, this does not apply to the existing credit balance in your Account before 5 August 2014.

  5. Top-up Services

    1. The Services are prepaid services. You are required to Top Up in advance so your Account is in credit. As Charges are incurred they will be deducted from the amount credited to your Account. No bill or invoice or statement will be issued to You. You may check your credit balance from time-to-time by calling our Customer Services Department. Your rights stipulated in § 45i, 45j TKG remains unaffected.
    2. You pay for the Services by topping-up your Account using any one of the Top-Up Services available fromLycamobile. You may use the Top-Up Services at any time after registration or activation of your Account. There are several ways that you may top-up your Account:
      • You may purchase a Top-Up Voucher at any participating retail outlet and activate the PIN code by following the dialling instructions on the Top-Up Voucher. You may also activate the PIN code for a Top-Up Voucher purchased at a participating retail outlet by using the Online Top-Up Service.
      • You may register your details with Lycamobile, purchase a Top-Up Voucher online and activate the PIN Code by using the Online Top-Up service.
      • You may register your details with Lycamobile and subscribe to “My Lycamobile” and the Auto Top-Up Facility.
      • You may register your details with Lycamobile and then contact the Customer Services Department.
    3. If you top-up your Account within one hundred and eighty (180) days from the date you registered or activated your Account or your last use of the Services (whichever is later), the amount of the top-up credit you purchased will be added to the credit balance in your Account at the time of your top-up.
    4. The credit balance in your Account may only be used for the Services. As a general rule, when decrementing credit against charges for use of the Services, Lycamobile will first apply credit paid-for by the customer before it applies any free credit which may have been given to the customer for promotional or other purposes. If you request, on termination of this Agreement, we will refund any unused paid-for credit (but not in any circumstances any free credit).
    5. Interest is not payable on any credit balance in your Account. Each time you use the Services (or someone else uses your GSM mobile telephone) the credit balance in your Account will be reduced for the voice call, message or data you are making or sending according to the destination and the current Charges.
    6. For the avoidance of doubt, any Top Up Voucher shall expire on the date stated on the Voucher (if any).

  6. Acceptable use Policy

    1. You agree to use the SIM Card in a compatible GSM mobile telephone for the purpose of using the Services.

      You agree to use the SIM Card in a compatible GSM mobile telephone for the purpose of using the Services.

      The customer agrees, not to use any equipment or run any applications which might change Lycamobile´s and/or the carrying network´s system´s physical or logical structure.

    2. You agree not to use the SIM Card or the Services and not to permit another person to use your SIM Card or the Services:
      • Fraudulently or in connection with a criminal offence;
      • For the purpose of making an unsolicited communication or storing and/ or communicating any material which is offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance or a hoax, or which is a breach of privacy, an infringement of copyright, or is otherwise unlawful,
      • To knowingly and deliberately cause annoyance, inconvenience or needless anxiety to another person,
      • To make any offensive, abusive, indecent, defamatory, obscene or menacing call to any Customer Services Department representative,
      • To transmit a virus or other malicious software, use the Services in a manner that impairs the operation or security of the Network or may cause death, personal injury or damage to property,
      • With equipment that is not approved for use with the Network, including, but not limited to, SIM-boxes and SIM-gateways, and
      • To support calls to call forwarding services, onward calling services or calls to telephone numbers which pay a revenue share or resell to others or commercially exploit our Services.
      • Otherwise than in line with the conditions of this Agreement.
    3. If you have failed to comply with any of the provisions of clause 6.2, Lycamobile shall have the right to suspend, partially or fully, your access to the Services and/ or terminate this Agreement without prior notice and with immediate effect.
      If Lycamobile terminates this Agreement 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 unless you advise us in sufficient time that you wish to port your number to a new operator, you will not be able to access or use the Services.
    4. Lycamobile reserves the right, in its absolute discretion (and without prior notice), to restrict or prevent access to certain websites and services over its Network, including Voice over Internet Protocol (‘VoIP’) services. When we decide to restrict or prevent access under this paragraph, you may receive a message stating that the website or service is “not available”.

  7. Data protection and personal data

    1. Lycamobile will only generate, collect, use, process and store your Personal Data in accordance with all applicable laws and regulations, as amended from time to time.
    2. Lycamobile has implemented appropriate technical and organisational security measures to protect your Personal Data against accidental or unlawful destruction, accidental loss or alteration, or unauthorised or unlawful storage, processing, access or disclosure.
    3. Lycamobile will be collecting, processing and as far as necessary sharing Personal Data provided by you or generated in the course of supplying the Services to you, including details of voice calls, messages or data that you have sent (“Traffic Data”) and the geographic position of your GSM mobile telephone (“Location Data”) for the purpose of:
      • Supplying the Products and Services to you,
      • The administration of your Account by the Customer Services Department,
      • Providing you with service information, for example about Network faults,
      • The prevention or detection of fraud,
      • Complying with applicable laws and regulations.

      Furthermore Lycamobile will use your data for the purpose of market research and profiling your usage and purchase preferences if you give us your consent.

    4. Lycamobile may from time to time monitor or record your conversations with the Customer Services Department with your consent. This may be done for quality control purposes, to improve the Services, to ensure compliance with governmental, regulatory or enforcement agency requests or to detect fraud.
    5. Lycamobile will, subject to the applicable laws and regulations, provide you with a copy of your Personal Data stored by Lycamobile upon your written request. It is your responsibility to notify Lycamobile of any changes to any of your Data provided by you to Lycamobile. You may also request that any incorrect information is corrected. Where permitted by the applicable laws and regulations, Lycamobile will delete Personal Data upon your written request.
    6. Unless you object the following procedure, we will contact you by textmessage or picture message to your telephone or to your postal addressincluding the electronic addressduring the contractual relationship via your email or post address or your mobile or telephone number for the purposes of counselling you about the product or our similar products, to send you information on how many times your geographical data has been collected for augmented services, to advertise our own similarproductsand to inform you about the another users which to talk to you on the phone. We will explicitly inform you on such use and of your rights to object when your specific telephone number is allocated to you.Furthermore, we will inform you about your right to object to this every time we contact you.

      If you wish to object to us contacting you, please send your notice via email or post to:

      Customer Services Department
      Mainzer Landstr. 349
      60326 Frankfurt

      or unsubscribe@lycamobile.de

      You can object with effect for the future at any time including after every time we did contact you.

      If you give us your consent Lycamobile and other Lyca companies may contact you by post, telephone, e-mail or SMS to let you know about products and services offered by Lycamobile or other Lyca group companies , including any special offers and promotions, which may interest you. If you do not wish to receive this information or be contacted in this way, you may at any time, free of any charge, withdraw this consent with effect for the future. You may make this request by contacting the Customer Services Department or by sending an e-mail to unsubscribe@lycamobile.de

  8. Liability

    1. As far as our liability is towards you, as our end user, to pay your damages is not based on an deliberate act (intention) the maximum compensation is limited to 12.500 € per end user. If one act or one incident, which is not based on an deliberate act (intention), causes damages of more than one end user, then sum of all compensations, which is in general limited to € 12.500 per end user, is again limited to 10 million Euros.

      If your single compensation is being limited like that because the whole sum of compensations is limited to less than 12.500 Euros, then the reduction is in proportion with the reduction of the sum of all compensation to the maximum sum (10 million Euros).

      However these rules do not apply to the liability caused by the compensation for the delay of payment for damages.

      Furthermore Lycamobile is not responsible for any damage or loss incurred by you where such damage or loss is indirect or not a reasonably foreseeable result of a breach by us; nor where we are not at fault or to the extent you have contributed to the damage or loss.

    2. In the event your SIM Card is lost or stolen, or you believe your SIM Card is being used in a fraudulent or improper manner by another person, you must promptly contact the Customer Services Department. Lycamobile will then be able to block the use of your SIM Card. Your liability can only be excluded if you prove that you are not responsible for the use. Typically the following applies: If you fail to promptly contact the Customer Services Department about the loss of the Sim-Card, you will be liable for all Charges relating to the use of the SIM Card until you do notify us, regardless of whether the Charges were incurred by you or someone else as far as this usage can be attributed to you.
    3. Lycamobile is not responsible for the failure of any retail outlet to properly activate your SIM Card or Top-Up Voucher or process any payment you made. In these cases, you should contact the retail outlet where you obtained your SIM Card or purchased your Top-Up Voucher and request a refund.
    4. Nothing in this Agreement shall exclude or limit the liability of either Party for death or personal injury caused by that Party’s negligence or the consequence of wilful misconduct, fraud, gross negligence of that Party or any other liability which cannot be excluded or limited by applicable law (e.g. Product liability act).
    5. Lycamobile is not responsible for any damage or loss or inconvenience incurred by you, and will not be liable to provide the Products or Services, as a result of any force majeure reason outside the control of Lycamobile, including but not limited to natural disaster, industrial action, war (whether declared or undeclared), civil unrest or acts of terrorism, acts of government or local authority or regulatory body, or any act or decision made by a court of competent jurisdiction. These reasons are also known as “force majeure”.

  9. Changes to the agreement

    1. Lycamobile reserves the right to change these terms and conditions for legal or regulatory reasons, due to developments in the Products and Services we provide you or if we wish to have all our customers on the same terms and conditions as far as this is reasonable. We may also need to change or withdraw all or part of the Products or Services as a result of changes by our Network suppliers or if they are uneconomical or not fulfilling their purpose for you or for us. Furthermore, Lycamobile has, notwithstanding any additional rights on our part, the right to change the Charges at our own equitable discretion in a way so we can pass on any raising costs. In this case we will notify you that this is the case.
    2. Please check our website regularly for any changes. Changes to Charges will be reflected in our tariff table from time-to-time. If you do not accept a change made under Nr. 9.1. which is materially detrimental then you can cancel this Agreement or cease using the Services or topping-up your Account. If you use the Services or top-up your Account after Lycamobile makes a change, then you are deemed to accept the change unless the Charges are changed for reasons set out under No. 3.4.
    3. If we need to notify you of a change made under Nr. 9.1 or otherwise, we will send you a text message, place a recorded message on the phone number for our Customer Services Department or notify you by email, post or phone or some other means INCLUDING UPDATING OUR WEBSITE.

  10. General provisions

    1. If you have a complaint or query about the Products or Services you can contact our Customer Services Department in the ways set out in clause 1.6 of this Agreement. You can also use the arbitration system of the Federal Network Agency according to § 47a TKG.
    2. Failure or delay by either Lycamobile or the Customer to enforce any right under this Agreement shall not prevent Lycamobile or the Customer (as the case may be) from taking further action.
    3. If any term or condition of this Agreement is determined to be partially or wholly void or unenforceable by any court or body of competent jurisdiction or as a result of any legislation, it shall be void and unenforceable only to that extent. The validity and enforceability of the other terms and conditions shall not be affected.
    4. Lycamobile is entitled to alienate the contract to a affiliated company in the sense of § 15 AktG. Alternatively, if Lycamobile informs its customer about the purchasing company and about the customer´s right to immediately exit the contract by giving notice in text form or written form to a specified address within the first month after being informed about this right Lycamobile can alienate the contract to any other company. The alienation does not take effect before the customer is being informed and the period which allows to give notice about wanting to leave the contract has ended.
    5. This Agreement is governed by German law and the German courts will have exclusive jurisdiction over any dispute under this Agreement.

Hinweis Fernabsatzrecht:

Widerrufsbelehrung bei Fernabsatzverträgen
Nutzt der Kunde die Dienste als Verbraucher und hat seinen Auftrag unter Nutzung von sog. Fernkommunikationsmitteln (z.B. Telefon, Telefax, E-Mail, Online-Web-Formular) übermittelt, gelten die folgenden Widerrufsrechte.

Widerrufsrecht bei Bezug von Dienstleistungen

Sie können Ihre Vertragserklärung innerhalb von 14 Tagenohne Angabe von Gründen in Textform (z. B. Brief, Fax, E-Mail) widerrufen. Die Frist beginnt nach Erhalt dieser Belehrung in Textform, jedoch nicht, Die Frist beginnt nach Erhalt dieser Belehrung in Textform, jedoch nicht vor Vertragsschluss und auch nicht vor Erfüllung unserer Informationspflichten gemäß § 246 § 2 in Verbindung mit § 1 Absatz 1 und 2 EGBGB sowie unserer Pflichten gemäß § 312g Absatz 1 Satz 1 BGB in Verbindung mit Artikel 246 § 3 EGBGB. Zur Wahrung der Widerrufsfrist genügt die rechtzeitige Absendung des Widerrufs. Zur Wahrung der Widerrufsfrist genügt die rechtzeitige Absendung des Widerrufs.
Der Widerruf ist zu richten an:

Customer Services Department
Lycamobile Germany GmbH
Mainzer Landstr. 349
60326 Frankfurt

oder per E-Mail an:
cs@lycamobile.de

Widerrufsfolgen

Im Falle eines wirksamen Widerrufs sind die beiderseits empfangenen Leistungen zurückzugewähren und ggf. gezogene Nutzungen (z. B. Zinsen) herauszugeben. Können Sie uns die empfangene Leistung ganz oder teilweise nicht oder nur in verschlechtertem Zustand zurückgewähren, müssen Sie uns insoweit ggf. Wertersatz leisten. Dies kann dazu führen, dass Sie die vertraglichen Zahlungsverpflichtungen für den Zeitraum bis zum Widerruf gleichwohl erfüllen müssen. Verpflichtungen zur Erstattung von Zahlungen müssen innerhalb von 30 Tagen erfüllt werden. Die Frist beginnt für Sie mit der Absendung Ihrer Widerrufserklärung, für uns mit deren Empfang.

Besondere Hinweise

Ihr Widerrufsrecht erlischt vorzeitig, wenn der Vertrag von beiden Seiten auf Ihren ausdrücklichen Wunsch vollständig erfüllt ist, bevor Sie Ihr Widerrufsrecht ausgeübt haben.