What does the law on compensation for network failures include?

As of 1 November 2024, users will be entitled to statutory compensation in the event of a full service interruption of more than 8 hours due to an uninterrupted network outage if the award conditions are met.

Who is eligible for this legal compensation?

• Users with an internet at home subscription in the event of a service interruption in the zone in which their installation address is located.
• Mobile subscription users in the event of an interruption in the zone where their invoicing address is located.
• Prepaid card users in the event of an interruption in the zone where their home address is located.

What type of interruption is eligible for automatic compensation?

The interruption of the fixed or mobile service: 

• should last longer than 8 hours;
• should be complete, i.e. no signal must pass (even partially). So for mobile, no SMS, calls and no mobile data. For home internet, no data;
• should be due to an uninterrupted failure of the public electronic communications network (and not due to a technical problem beyond the termination point, such as a problem with the telephone, modem, terminal equipment, cabling, etc.);
• should have a collective element, i.e. impact multiple users (for mobile services and home internet, when the cause is not due to a hardware failure in the network);
• should not be due to or the fault of the user (e.g. suspension due to an unpaid invoice, a change made by the user, postponement of a repair appointment, etc.), nor due to a case of force majeure, lack of network coverage, etc. (non-exhaustive list). 

If the eligibility requirements are met, does the statutory compensation happen automatically? 

Because it is difficult to determine with certainty exactly which users are affected by an outage and because of the need to check the conditions of award, compensation is awarded automatically or not, depending on the case:

• Fixed service interruptions caused by a hardware failure in the fixed network will be compensated automatically (e.g. cable break due to the installer or one of its subcontractors) without the user having to report the outage.
• Fixed service interruptions not caused by a hardware failure in the fixed network will be compensated automatically if the user has reported the outage (e.g. software update problem), and provided that several users are affected by the same outage.
• Mobile service interruptions (subscriptions) will be compensated if the user has reported the outage, and provided that several users are affected by the same outage.
• Mobile service interruptions (prepaid cards) will be compensated only at the express request of the user, who must provide their home address, and provided that several users are affected by the same outage.

Customers will be able to notify outages and submit legal requests for compensation within 5 days following the end of the outage using the means that Mobile Vikings will make available for this purpose.

How much is the compensation and in what form is it granted? 

• 1 euro for the 16-hour period following the first 8 hours of interruption. For each subsequent 24-hour period, the compensation for the previous day is increased by 1 euro, plus 0.5 euro for each additional day of interruption; or
• in the case of a subscription, 1/30th of the monthly subscription fee excluding VAT, if this amount exceeds the value of the compensation mentioned in the first point.

The compensation will consist of a credit note or discount, at Mobile Vikings' discretion, or a top-up of the user's prepaid card. 

When is no legal compensation due?

No legal compensation is due (non-exhaustive list):

• in the event of acceptance by the user of a technical solution, even if this solution is temporary;
• if an appointment was rescheduled at the user's request or through the user's fault, for the period between the originally scheduled appointment and the new appointment;
• if the service interruption is not due to an incident (e.g. lack of network coverage);
• in the case of force majeure. 

The current compensation scheme in Article XXXX of the General Terms and Conditions for users will be replaced by this new legal compensation scheme.