Osiris Casino - Unfair confiscation due to applying wrongly their own General T&C

UNRESOLVED
Evergoa Spain
posted on November 11, 2015.

I have been advised by AskGamblers to not discuss about righteousness of articles in General T&C of casinos and they are right. Is not the scope of this claims service. So I will just simply depict what happened to me and what is the problem with the casino.

The day 6/10/15 I requested a verification of my ID in anticipate prior to make any deposit in the casino. They processed it succesfully, very quick, and everything was ok. I requested them to not give me any kind of bonus, fact that they accomplished.

From 6/10/15 until 9/10/15, I deposited and completely lost an overall amount of 2.103 € in Osiris Casino playing live blackjack and live roulette.

On a later stage, from 9/10/15 until 12/10/15 I deposited an additional amount of 700 €.

From day 9/10/15 until day 17/10/15 I achieved a cash balance of 5.025 € mainly playing live blackjack and live roulette. Please note the relevant fact that the maximum bet allowed by this casino is 500 € and I could never bet more than 500 € as it was limited by the casino systems.

The day 17/10/15 I requested a reimbursement of 5.000 € to my Neteller account.

The day 19/10/15 I received two mails informing me first of all that my reimbursement was denied, and second of all that was denied because I did "irregular play" as defined in their General Terms & Conditions. Later on, in the chat, they explained to me that I violated art 103 of their General T&C, fully available in their web page: https:­//w­ww.o­si­ris­cas­ino.co­m/g­ene­ral­-te­rms­-co­ndi­tio­ns/­?la­ng=en

I copy literally the article 103 of their general T&C that "as per them" applies to my case:

"Art 103: Conan Gaming reserves the right to withhold any withdrawals and/or confiscate all winnings and bonuses for irregular play. "Irregular play" 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.
- Using the double-up feature to increase bet values.
“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.

After speaking with the support chat representative, she informs me that I violated section two as my bets were higher than the 30 % value of my last deposit.

And here comes the HOT POINT: I beg please AskGamblers to review it, as that is the reason why I'm not discussing the righteousness of their general T&C, I'm discussing that they have not applied their own general T&C.

Attending to their general T&C, art 103, I can read that irregular play means wagering higher than 30 % value of THE DEPOSIT. As far as I know it is not defined in their General T&C what is considered "THE DEPOSIT"

As per my point of view, THE most reasonable DEPOSIT to apply was my amount deposited in the casino, summing more than 2.000 € in previous losses. So basically 30 % of 2.000 € is 600 € It was imposible for me to bet higher than 600 € as maximum casino bet was 500 €.

I have not received any proof by the casino about my irregular play even I demanded it. The article 103 is ambiguous and I have the clear proof that Osiris Casino has mistaken the redaction of the article. If we go to Euromoon Casino general T&C: https:­//w­ww.e­ur­omo­onc­asi­no.c­om­/ge­ner­al-­ter­ms-­con­dit­ion­s/?­lang=en
(please note that this one is owned by the same brand but instead of being licensed by Malta is licensed by Curaçao) we can find that they have amended this little "mistake" commited in the redaction of the confiscation clause, art 15, where it can be read "THE DEPOSIT CURRENTLY IN PLAY"

To cut a long story short, I have never bet higher than the limit established by Osiris Casino inside their terms & conditions so my playing has not been irregular in any case.

They refunded me 600 € of (I don't know what this amount belongs to since they didn't provide any calculation to me), so basically I demand from them:

- Proofs and calculations of my irregular playing
- Definition of "THE DEPOSIT" in their general terms & conditions I have accepted at my registry.
- The reimbursement of my remaining fairly earned 4.400 €

Just to add, that this case has been reported to the Maltese Gaming Authority because appart from the uncompliance of their own clause, that I personally consider scam, clear scam, this Casino have commited an indescribable number of negligences and damages to my person that I reserve to myself and to the MGA.

Thanks

Evergoa Spain
posted on November 13, 2015.

Given that:

- They continuously delay withdrawals and accelerate deposits
- They are lack of resources in the customer support
- They have a fake 24/7 chat support, as they are not available in the nights
- They have a total lack of coordination between departments

I wouldn't be surprised if this guys doesn't respond here.
What I really can't understand is why are they ponderated with more than 7 and they appear in this web bonuses. One place that use this kind of tricks to earn money, playing with trust of customers, not applying their own clauses correctly, even not knowing how to write a scam clause....is not a fair place, doesn't worth to be so high.

I don't mind reseting the clock again. I want them to have enough time to give a response. Their silence will only double check my thoughts.

As I have told, this case is not only raised to the MGA, but is also in the UK Ombudsman as all my deposits were performed via Neteller, which is a controlled payment entity in the UK, and Conan Gambling LTD, owner of Osiris Casino, cannot be accomplice in the commission of supposed fraud. I am not concerned about the result of this claim, I'm quite sure it will be kept unresolved, but I want any sort of explanation and in case they deny it, at least it will be reflected here to advise potential customers.

I hope I'm a strange case and this is not the common scenario with customers. Otherwise I cannot understand why this casino is on the top.

Thanks

posted on November 14, 2015.

Hi Evergoa,

We are currently looking into the issue.

Kind Regards,

Osiris Casino Support

Evergoa Spain
posted on November 16, 2015.

The system says that the complaint will expire if I don't respond.
Of course my good friends of Osiris Casino know that and that is the reason why they posted an empty phrase here to either gain time, either wait if I do not respond and the complaint is closed.

AskGamblers, I think after this response clock will be restarted again. In the next days, is it necessary that I respond to empty words as the above? Will the complaint be declared as "solved" if I don't respond?

Thanks!

posted on November 17, 2015.

Dear Evergoa,

This issue is being reviewed by our team.
You can follow up with your account manager.

Kind Regards,

Osiris Casino Support

Evergoa Spain
posted on November 17, 2015.

Dear Osiris Casino,

Can you please provide any document to AskGamblers which proofs that after your communication mail to me, the 19/10/15, rejecting my reimbursement, your team is following up this issue?

I don't have any account manager because as per my request, my account was finally closed the 22/10/15 (see attached picture) I strongly tried a friendly solution with you but you refused it. Relations are absolutely broken so I will keep following the issue here.

You are only posting empty comments to delay this. It is exactly the same approach as the one you follow with your customer support. Not a surprise to me.

17/10/15 - Reimbursement was requested - 5.000 €
19/10/15 - The whole reimbursement was denied
01/11/11 - 600 € were transferred to my Neteller account

Today 1 month, 30 days, since I initially requested the 5.000 € withdrawal.

As of today, you still owe me 4.400 €

Waiting you to proof & document your words, as I am doing.

Thanks

Evergoa Spain
posted on November 20, 2015.

Hi Osiris Casino,

33 days since the 4.400 € debt was originated and I have not been paid.
I have followed your recommendations and I have contacted my former account manager to seek a follow-up of the current investigation being performed by Osiris Casino (please see attached screenshot proof)

Waiting for your response.

Many thanks

Evergoa Spain
posted on November 20, 2015.

Hi,

Just to proof & document in two easy screenshots that both your support and lobbymanager accounts have received the above mail.

Thanks,

Evergoa Spain
posted on November 23, 2015.

Hi,

36 days waiting for 4.400 €

No communication neither here, nor in my email (as propossed by the site)

Still waiting,

Thanks.

posted on November 24, 2015.

Dear Evergoa,

Since you made a complaint to the MGA, our policy is to handle this through the official complaint.
We will provide your Games history and Deposit history to AskGamblers.

Kind Regards,

Osiris Casino Support

Evergoa Spain
posted on November 24, 2015.

Dear Osiris Casino,

11/11/15 I stated that I had already reported the case to the MGA
17/11/15 your policy was me to follow this up with my casino manager -> no response BTW
24/11/15 your policy is to handle this through the official MGA complaint, but, you are going to act the opposite by sending my gaming and deposits history to AskGamblers?

I'm sorry but I feel confused. What exactly do you expect from AskGamblers or from me by changing your opinion from one day to the other?

As you are able to understand, it is not a pleasant situation to have 4.400 € of cash being confiscated because of confusing T&C (to be judged by AskGamblers) or because of scam and confusing T&C (to be judged by the MGA)

And is less pleasant to discover that you only responded when I posted here and claimed in the MGA, never being cooperative to reach a friendly solution with me in the initial mails.

Regards,

AskGamblers
posted on November 28, 2015.

Player submit a complaint in front of MGA. Until resolution from aforementioned licence authority we consider this complaint unresolved.