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Ruling

Found for the Casino - Taking intoxicating substances does not form sound ground to seek a refund of losses as it is both unprovable and does not place fault on the operator.

Read our EU Slots Casino Review.

Player's Complaint

Dear Sir / Madam,

I am writing this e-mail to you to complain about my experience / contact with VIP MANAGER [EDIT] at EUSLOTS casino. I will share my story (in minimum) and please find the documents 'e-mail contact / evidence' enclosed.

First let me introduce myself. My name is [EDIT] old and I live in my apartment in [EDIT]. I work as an [EDIT]. I have minimum experiences in Casino's; locally and online. I have no gambling addiction, or any other addiction in my life. I am a woman of ambition. 'Work hard, play hard'. Therefore my introduction, I would like to state my complaint:

On the night of 30th of November 2019 I have made a terrible mistake and I used drugs in a high amount (GHB) and after my friend left my house, I was left with the GHB and kept taking it. At this time my mental capacity was temporary in lack and I can not recall how I found EUSLOT casino's. During 48 hours straight, I have entered Casino EUSLOT and played the Roulette table. And I spent over more than 20 hours in the online casino playing (auto roulette). During this time my body entered in several (GHB) coma's and I even woke up on the floor. The Roulette & game playing was not while I was in a state to make decisions. Therefore I want to rely on the LAW, Article 34, Lid 1 van Burgerlijk Wetboek 3. This is a Dutch LAW stating my mental capacity was temporarily disturbed and l was unable to make decisions. Since the casino is in Malta, and we are communicating in English, I have found a similar law, English written. legislation.gov.uk/ukpga/2005/9/notes/division/6/1/2?view=plain . Based on this law I have asked the casino to return my money while I was on drugs abuse.

On the 30th of November 15:19 PM I have received a message of a VIP MANAGER on my e-mail, stating she wants to offer me a bonus for my activity. At this time I spent € 8.000 (needs to be specified) in the casino while I was on drugs abuse / overdose in the middle of the night and during morning and mid day. The casino tracks down your play and saw the 20-hours online and gambling. The casino have not waived the duty of care, after my non-stop gambling activity, but they tried to stimulate my gambling. This is an unwritten standard. I did not read this e-mail, up to a week later.

The following week I phoned in sick thinking I was sober now and I can try and fix my problem. In this time I spent over € 3.000 (needs to be specified) euro's before I gave in. This was in a sober state. I understood now I messed up and it needs to stop. But I sent an e-mail addressing my issue and what happened (please see all emails below)

On the 8th of December I received a response to my situation:

‘’I must say that this is much non-standard situation in my working experience. Surely, I, as your personal manager, can provide you with a cashback. But first, I have to speak with my supervisor about this. Maybe I can't imagine how you're feeling now, [REMOVE]Kim[REMOVE], but please give me some time to solve this problem. I'll contact you as soon as my supervisor gives me an answer!’’

On the 10th of December I received the following E-mail of the VIP manager:

Eu Slots Casino

Hello dear [EDIT],

I talked to my boss about your situation. According to our privacy policy, we cannot to count your balance back. With an a registration you accepted our terms and conditions. euslot.com/terms-and-conditions , You was playing since November 30, so you did not spend that amount in a day. But we understand that you are very upset and we would like to cheer you up. For you available the cashback - 10% of the lost sum. Would you like me to issue it for you?

Euroslots Casino Slots

Kind regards, [EDIT],VIP manager in EUslot Casino.

After my response (please see all e-mails below) The VIP Manager told me they blocked my account because I have a gambling issue (in this time I did not spend any time in the casino gambling for a week). At this time I had money on my account and I tried to withdrawal for 6 times. EUSLOT kept cancelling my withdrawals. The documents were incorrect and after that they stated my name is filled out wrong. Because I said it was [EDIT] and not [EDIT]. (This is my calling name I always use this). This can't be a reason to not give me back my money, I delivered all kind of legal documents and proof.

After my reply (again, please see e-mails below), I received a message that everything is OK and I got my 10% cash back. When I logged in, this is a bonus that will be forfait by 16th of December. I feel they are to trying to make me look like a gambling addict, but this is not an issue for me. I will not gamble with that € 1.000,- and I don't think they can forfait this. But they will take it away from me again!

The communication between me and EUSLOT and my gambling time has come to and end. I do not think we will solve this problem.

I have spoken to legal advice, and they believe I need to ask for my money back (the money I spent when I was on drugs abuse, not all of it). On an online site I found that I can contact your company with complaints, so therefore I am writing this to you.

The desired situation for me is that I receive back my money that I have spend while I was on drug abuse. And the desired situation for me is that I do not have to gamble with the money but that they return it on my bank account. The last thing I need is that they accept my documents because they say my name is [REMOVE]‘’Kimberley’’[REMOVE] and not [REMOVE]‘’Kim’’[REMOVE]. They will not change it.

I hope your company is able and willing to help me.

Thank you for your time and reply in advance.

Kind Regards,

[EDIT]

PS. I can send you all the e-mails on request.

1 Response

Hi kimmyh - welcome to ThePOGG.com!

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As we are the ADR for the N1 Interactive Ltd license under the Malta Gaming Authority license there is certain information we have to provide you now.

You can find all the relevant information about this service here – http://thepogg.com/terms-of-use/ and the terms of use for our complaint service here - https://thepogg.com/terms-of-use-for-dispute-resolution-service/

To summarise.

– Use of this service does not preclude your seeking redress through court proceedings .

– This service is free to use for both the complainant and operator.

– At any point during the procedure the submitting party retains the right to withdraw their complaint. This does not preclude our right to continue the discussion with the involved operator of general issues related to the complaint (i.e. insufficiently clear terms and conditions).

– You are not obliged to obtain independent or legal advice or representation, though you may choose to do so.

If you have any questions about the above, let me know.

Unfortunately in this instance there is nothing we can do to help you. The issue here relates to the provability of your claim. There is no reasonable manner in which either the operator or this service could establish with any credible certainty that you had indeed taken GBH at the time of your play and sadly this type of claim - diminished responsibility due to pharmaceutical side effects - is one that we see with reasonable frequency following a player experiencing a significant loss.

Further to this however, the gambling contract is one that is executed with immediacy. It cannot be 'returned'. Where you purchase a product or service, in most cases both parties can be reset to their starting position by simple returning the product or non-delivery of the service. However the base principle of a gambling contract is uncertainty. You are purchasing one possible eventuality out of a range of options without knowledge of what the outcome will ultimately be. Once you know the outcome of the event you cannot unlearn this information. You cannot be reset to your starting position. And this is critical as has you gambling session resulted in a win you would not be contacting us looking to insist that the operator take back the money you had won due to your diminished capacity. If we were to look to return losses as you are seeking we would be creating a situation where in the operator would have been expected to pay out if you won, but refund your losses if you lost. A lose/lose proposition for the operator. This creates an unsustainable imbalance in any attempt to 'reset' gambling contracts in this manner.

For the above reasons this is not an issue that we could provide a favourable ruling on.

Sorry we cannot be of further help.

ThePOGG

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