Cosmik Casino - Confiscation, without specifying reason

UNRESOLVED
mavili Germany
posted on October 28, 2014.

Cosmik Casino have confiscated my winnings of 2071,35€, stating "irregular play".
I received this by email on September 10. I replied back on September 12, asking to explain me what I should have done wrong.

From there, I have received no reply at all. I asked again for a reply on October 7, but nothing happened.

I have carefully read the terms and cannot see what I should have done wrong, so this is why I find confiscation totally unacceptable, and even worse that I don't even receive a reply.

I don't feel I'm a valued customer, and it feels bad to be treated like this.

posted on October 29, 2014.

Dear mavili,

We are sorry to hear that you didn't manage to reach your account manager.

Please allow us to check the issue and get back to you as soon as possible.

Best,
CosmikCasino Support Team

AskGamblers
posted on October 30, 2014.

After examine evidence that casino provide us, we can confirm that this player breach Terms and Conditions No.103 of the casino. This complaint is resolved.

AskGamblers
posted on November 4, 2014.

This case has been reopened upon submitter's request. Player claims there are new facts concerning the complaint which could affect its outcome.

mavili Germany
posted on November 4, 2014.

Cosmik Casino has changed the terms only after me playing, so at the time of playing, I have evidence that absolutely no rule has been broken. I am sure Cosmik Casino will be able to confirm this upon review.

The deposit in question and the acceptance of the bonus were on July 10, 2014.
The casino has changed their rules way after that (the casino representative will be able to confirm when this change was made).

At the relevant time, the rule in place was

""Irregular play" may include, inter alia:

Placing single bets equal to or greater than 30% of the value of the bonus credited to the player account, prior to the wager requirement for that bonus having been met.

Placing single bets equal to or greater than 30% of the value of the deposit."

The modification that was made later by the casino was changing the word "single" into "total".
I had played Pontoon, and when I played it, it was not allowed to place single bets greater than 30%. However, in Pontoon players can raise occasionally. This would constitute a new, single, bet, and be allowed as per the old rules in effect when I played.

However, as per the new rules, this would be a breach of terms, but the casino is applying the new rules retroactively, which is a no-go.

posted on November 4, 2014.

Dear mavili,

We will provide the T&C version that you signed as soon as possible.

Best
CosmikCasino Support Team

mavili Germany
posted on November 4, 2014.

Dear Cosmik Casino Representative,

thank you very much for your quick reply. I'm glad you're looking into it and look forward to a resolution.

posted on November 5, 2014.

Hi Mavili,

We're currently looking into it and are hoping to resolve the issue as quickly as possible.

Best,

Cosmik Support Team

mavili Germany
posted on November 12, 2014.

I am still waiting for a response,

posted on November 16, 2014.

Hi Mavili,

It is true that we changed the wording of our T&C, seeing as some players were having issues understanding the meaning of that clause in the old T&C. We do understand that the wording of the T&C that you signed can be misinterpreted by an inattentive player, which is why we provided a new version of the T&C that makes the clause absolutely clear. The new wording should however not be taken as an opportunity by the players to try and retroactively change the meaning of the T&C versions before this latest update.

This is the wording of the T&C that Mavili signed:

103. Conan Gaming reserves the right to withhold any withdrawals and/or confiscate all winnings and bonuses for
irregular play. "Irregular play" may include, inter alia:
- Placing single bets equal to or greater than 30% of the value of the bonus credited to the player account, prior to the wager requirement for that bonus having been met.
- Placing single bets equal to or greater than 30% of the value of the deposit.

The new version reads as follows:
103. Conan Gaming reserves the right to withhold any withdrawals and/or confiscate all winnings and bonuses for irregular play. "Irregular play" may include, inter alia:
- Placing total bets equal to or greater than 30% of the value of the bonus credited to the player account, prior to the wager requirement for that bonus having been met.
- Placing total bets equal to or greater than 30% of the value of the deposit.
(...)
- “Total bets” is defined as the sum of individual bets (lines, chips, hands, etc.) within a round, i.e., the total bet amount when clicking the “spin” or “play” or equivalent button.

This change was merely to expand on and clarify the point and did not constitute a change in our policy. Our policy is and has always been that a single bet is made when the "deal" or "bet" button is pressed.

Kind Regards,

Cosmik Support Team

mavili Germany
posted on November 16, 2014.

Ask any lawyer in the world, and I'm sure every single of them will confirm my opinion.
A single bet is a single bet, and single is defined as "not one of several".

An occasional raise of course does constitute a new bet, and the T&C were exactly written like this to allow this. This is clear, and not misleading at all.

1. I make a single bet and get dealt a hand
2. When seeing the hand I can decide to raise. This is a new decision and, thus, constitutes a new single bet.

Cosmik Casinon does not honor their own terms . I am not the one "misinterpreting" the terms, but you are trying to lie to me and the Askgamblers community.

If I write "single", I mean single. If I would like to disallow raises, I would write "total". And the only case where various types of interpretation would be possible, is when I don't write "single" and not "total".

Cosmik Casino did, and this is 100% clear.

AskGamblers
posted on November 22, 2014.

We think that is a big difference in gambling terminology between "single" and "total" bet. Our opinion is that player is right about his/hers complaint against new and old version of particular term in casino's Terms and Conditions.

Based on the facts, stated above, we consider this case as unresolved. We also recommend player to file a formal complaint against Cosmik casino in front of LGA Malta.