Cosmik Casino - Misleading Terms&Conditions

RESOLVED
horr Russia
posted on July 6, 2014.

Cosmik Casino keeps winnings contrary to their own terms.
I won a lot and after requesting winnings I was told I`d not receive them as I made bets larger than 30% of the deposit. I was surprised at first, as the bonus terms clearly stated I should not bet more than 30% of the bonus, which I did not.

I later found out that their general terms said bet more than 30% of deposit were not allowed. This is clearly a misleading tactic - putting more favourable terms in the bonus terms and worse terms in the general terms section.

What is more important is that general terms say that in an event of conflict between general terms and promotional terms for a specific bonus the latter should be applied. So it`s clear they have no right to void winnings as I have not violated promotional terms by betting more that 30% of bonus.

The casino did not respond to my concerns in any way. It seems that they forgot about that term setting priority to promotional terms exists at all and have nothing to argue their ill-conceived position.

I`d be more than happy to change my opinion and comments about them if they decide to act fairly now.

posted on July 7, 2014.

Dear horr,

We are sorry to hear that you haven't had a pleasant experience with CosmikCasino. We do strive to provide the best in support and play time to all our members

Our T&C are clear and not open to discussion. Here you can find p.103 that explains the rule of the 30%

"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."

Since the T&C are clear, the issue can be dismissed. Despite this, we'd appreciate if you can suggest what "acting fairly" means to you so as to take it into consideration.

Best.
CosmikCasino Support Team

horr Russia
posted on July 8, 2014.

Acting fairly means honoring your own terms and conditions, and, as a side note, it means not hiding important terms which concern bonuses in the general terms when there are specific promotional terms in place.
You may refer to p. 92 which directly states that promotional Terms of participation prevail over General terms in event of conflict. Promotional terms differ from general in describing what is meant by "irregular play" and p.92 suggests that that definition is to be used, not the one your quote from the general terms. I have not violated the relevant clause of your promotional terms.

Let me quote it,

CosmikCasino 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% from the value of the Bonus credited to the player account, prior to the wager requirement for that Bonus having been met.
Using the double-up feature to increase bet values.
Placing bets equal, zero, low margin bets or hedge betting, shall all be considered irregular gaming for Bonus play-through requirement purposes.

I hope this makes is clear where your casino has acted unfairly.

posted on July 8, 2014.

Dear horr,

Please refer to our Terms of Participation: https:­//w­ww.c­os­mik­cas­ino.co­m/b­onu­s-t­erm­s-c­ond­iti­ons­/?i­sPo­pup­=tr­ue〈=en#conditions

In legal terms, there is no conflict between our T&C and the Terms of Participation since this last one never ruled out the 30% subsection on p.103 and the only mention of this rule on the Terms of Participation is an extract and example of p.103

As you can see, there no misleading or worsening of the Terms of Participation. Conditions that are not revoked or specifically ruled out will inherit the General T&C of the Casino of course.

Best,
CosmikCasino Support Team

horr Russia
posted on July 9, 2014.

Your interpretation of this term is legally or logically incorrect. There does not need to be revocation or specific ruling out of a condition for it to be prevailed by the promotional term. This is actually the point of p.92.
"in the event of any conflict or inconsistency, the Terms of Participation will prevail".
For conditions that are not revoked or specifically ruled out to inherit the General T&C of the Casino you would need a completely different term,
"Unless expressly stated otherwise, the General T&C will prevail".
Presence of conflict between p.13 and p.103 is harder to argue, but presence of inconsistency is obvious by definition of this expression. And this inconsistency puts the player into position worse than described by the terms of participation.
The highlighted word "Examples" in your picture is not related to p.13 in any way. It is related to p.2 which provides wagering calculation examples after the wagering contribution table.
Terms of participation do not suggest that additional terms are contained in General TC for any bonuses other than FREE online casino bonus. Only this bonus implies the need to consult General TC. See p.8.
And if we speak in ethical, not legal terms, there is not a single good reason to put the "30% of deposit" rule into General TC exclusively other than to deliberately create a trap for the players.

posted on July 9, 2014.

Dear horr,

As mentioned before, our T&C are not open to discussion and are based on legal requirements.

If you would have read the T&C prior to accepting them and still had any doubt you could have reached our Support Team. We are always available in order to help our players having a pleasant experience at CosmikCasino.

In the future, we suggest having all this questions asked even before signing up to any casino.

Best,
CosmikCasino Support Team

horr Russia
posted on July 10, 2014.

I am not discussing your TC or what they are based on. I am discussing your actions which are not based on your TC and are in direct conflict with them, which, by the way, is contradictory to legal requirements.

To be clear. I do not have any problem with the terms and the question of whether I read them or the moment I read them is irrelevant. I did not break any of your terms. While you are in breach of p.92.

Your TC say grass is green and you argue that it is red. As simple as that.

It is understandable that your casino is ready to use various methods to keep winnings whenever possible. But this is too far.

And please cut the hypocrisy about caring about your players. You asked me in your initial reply about why I believed you acted unfairly. It created an impression that you care about fairness of your decisions.

I then made certain points that would let even a 5 year old understand that 2 plus 2 is 4 or that terms of participation prevail in our situation without any further notice or revocation of other TC.

And now you escape the argument with obvious demagogy. Not good.

posted on July 10, 2014.

We have already submitted the required documents in order to dismiss this issue.

Best,
CosmikCasino Support Team

AskGamblers
posted on July 11, 2014.

After a careful analysis of Cosmik Casino Terms and conditions we could confirm that player has indeed breached p.103 Placing single bets equal to or greater than 30% from the value of the deposit.

Submitter was supposed to contact casino's support and request a clarification of these terms in case he was not sure what they mean prior placing even a single bet.
On the other hand, we recommend to Cosmik Casino to try and clarify its terms and conditions as much as possible in order to avoid such situations and misunderstandings in the future.