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BOSS Casino - Deceitful behavior and confiscation of legitimate winnings

RESOLVED
Complaint Info
Disputed casino BOSS Casino
Reason Casino terms violation
Posted on April 10, 2019

Hello Ask Gamblers

I registered on Boss casino on April 3rd 2019 and made a deposit of 200$. I played with the welcome offer they gave me and lost, however my bonus was still active due to Netent free spins so I was not able to claim the second welcome offer the same day. An account manager was able to cancel them the next day (Please see email below).
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Account manager:

"Our Welcome bonuses have free spins for Netent slots attached to them automatically. The bonus closes when the wagering requirement is met or the balance is below 1EUR/USD, but also free spins need to be played with. Since the games by Netent are regrettably not available for players from Canada and you obviously were not able to play with them, the bonus remained open.

We have closed your bonus manually from our side and you are welcome to claim a new one whenever you wish.

I sincerely apologize for the inconvenience it caused you. I have passed the information to our tech team and they are working on improving the procedure to make the experience for players from your country more enjoyable.

Feel free to contact me anytime if you have any questions"
------­---­---­---­---­------
A couple of days later I decided to give the casino another chance and deposited another 150$ which I managed to turn into 1200$ after several hours of play. I checked my wagering and saw I had cleared the requirements.

Boss casino then emailed me with the subject "KYC reminder" asking me to provide them with documents to verify my account. I had no problem submitting them everything they asked me for. At this point I figured that everything would check out and I would be paid my withdrawal, but instead I received the most confusing email I have ever seen which made me completely question their business practice. The email is as follows:

"As you may know, our company is incorporated under the laws of Malta.

These regulations are the basis of the Maltese regulatory framework.

While registering an account, on 2019-04-04 you confirmed your country of residency as Canada and accepted our Terms and conditions - https:­//b­oss­cas­ino.co­m/#­!/e­n/t­erms.

According to p.4.8. of our Terms and conditions, for various legal and commercial reasons, we do not permit accounts to be opened or used by customers residing in certain jurisdictions, including: Afghanistan, American Samoa, Australia, British Virgin Islands, Canada, Cuba, Czech Republic, Denmark, Estonia, France, French Polynesia, French Southern Territories, Germany, Greenland, Guadeloupe, Guam, Iran, Iraq, Latvia, Libya, Lithuania, Martinique, Myanmar, North Korea, Northern Marina Islands, Palestinian Territory, Puerto Rico, Reunion, Romania, Slovakia, Spain, Sudan, Syria, Sweden, Tunisia, United Kingdom, United States (US), U.S. Minor Outlying Islands (UM), U.S. Virgin Islands (VI) or other restricted jurisdictions (“Restricted Jurisdiction”) as communicated by us from time to time. By using the Website, you confirm you are not a resident in a Restricted Jurisdiction. If you open or use the Website while residing in a Restricted Jurisdiction: your account may be closed by us immediately; any winnings and bonuses will be confiscated and remaining balance returned (subject to reasonable charges), and any returns, winnings or bonuses which you have gained or accrued will be forfeited by you and may be reclaimed by us; and you will return to us on demand any such funds which have been withdrawn.

According to all above mentioned we are forced to cancel your winnings acquired by playing on our site from restricted jurisdiction territory and correct your balance to the initial depositing amount."

------­---­---­---­---­---­---­---­-------

Prior to signing up on Boss casino I had checked other casinos which looked interesting to play on. Unfortunately on some of them when I tried to register there was no option to register Canada as my country and chat told me that residents of Canada were not allowed to register. After some more searching I finally landed on Boss Casino which had Canada listed as a country choice on their registration page. Not only was I allowed to register, but they also accepted both deposits I made with my credit card.


To summarise :
The casino accepted a deposit on 03/04/2019
A casino rep cancelled my free spins (for my first welcome deposit) saying that I was not allowed to play NetEnt games since I was from Canada, not mentioning anything about me not being able to play on the site in the first place.
The casino had 3 days to email me closing my account but they chose to leave it open.
The casino accepted my deposit on 06/04/2019 which I withdrew 1200.
Only after my withdraw request and sending my documents,the casino emails me to terminate my account.


From the series described it is clear to me that the casino would have allowed me to continue losing on their site, accepting my money up until the point where I would win something and they would then chose to tell me I was not allowed to play on their website.

AskGamblers, please help me receive my money from the casino, and please warn everyone on what kind of website they really are...

Posted on April 10, 2019

Hello DRUNK85FUN and AskGamblers Team!
We highly appreciate the fact you are acknowledging, that you are aware of restrictions for Canada
in other casinos.
Unfortunately, our casino is not an exception and it is clearly stated in casinos Terms and Conditions.
By registering an account, you have confirmed our casino's Terms and Conditions and eventually, it is restricted for players to play in our casino from Canada (p. 4.8).
Also, according to p.4.10. of our Terms and Conditions, when attempting to open an account or using the Website, it is the responsibility of the player to verify whether gambling is legal in that particular jurisdiction.
Hence letting you register on our site, doesn't mean that we are intentionally forcing you to deposit funds from restricted territories.
As you have continued depositing and playing after being aware of p.4.8, 4.10, our casino will not process a payout as a result of restricted gaming activity.
We will act according to p.4.8 and process remaining balance back to you.
Our finance department will contact you in the shortest terms on this matter.

Best Regards,
Boss casino

Posted on April 11, 2019

Based on my experience with Boss Casino so far I can’t say I’m surprised at this answer. When I registered at Boss Casino there was a choice of Canada from the registration page. If Canada is offered as an option from the dropdown menu, then the casino is effectively communicating to Canadians that they are welcome to play. If this was not the case then why is Canada an option? The answer seems obvious: So that unsuspecting Canadians can be lured into making deposits. The casino’s offer to return my deposit is fundamentally dishonest and shows bad faith. The reason for this is that they are perfectly happy to take deposits from apparently “restricted” countries. Gamblers are even allowed to place bets and play the games freely. When they lose, Boss Casino just pockets the deposit. When they win, they are paid back their deposit less any winnings. When a casino puts the gambler in this position it is undeniably dishonest. The gambler doesn’t stand a chance and the casino knows this. These are clearly the actions of a casino that have nothing but contempt for their customers.

I have joined casinos where Canada was restricted before. And what happens? There is no Canada option at registration page and usually the website isn’t accessible at all. It just usually says that I can’t place bets at their casino. Not Boss Casino. They’re happy to put their hands in Canadian pockets. They lack any ethics even by an online casino’s standards.

And by the way it is perfectly legal to gamble in Canada. If Boss Casino doesn’t hold the proper license or permissions, but is still either dishonest or incompetent enough to accept bets from that jurisdiction, then this clearly demonstrates what kind of grubby operation they are running. They can take the deposits but don’t have the guts or honor to pay their debts. I wonder if Boss Casino can answer me whether the Malta Gaming Authority allows casinos that hold their license to take deposits and allow players from restricted jurisdictions to gamble at their casino. Here is a screenshot I took today of their registration page. It is no surprise that Canada remains a registration option. Let me guess “our tech guys are still working on this”. Predictable.

Posted on April 15, 2019

Dear DRUNK85FUN,
Canada is defined as country restricted for gambling by our inner policies. It is obvious, that Casinos you have mentioned earlier, like the ones you wanted to play at, came to the same conclusion. All those casinos, including ours, settle these policies even despite the fact that it is perfectly legal to gamble in Canada.
Unfortunately, our casino is not an exception and it is clearly stated on our site. There is no point in reminding you particular paragraphs of our Terms and Conditions as you have already read them and should have read them while confirming registration on our site.
There is no point for us to do any cheating in the way you have described above as it harms our reputation badly. We fully understand your frustration on this matter, and we are ready to process all the deposited funds back as a gesture of goodwill.

Best Regards,
Boss casino

Posted on April 17, 2019

If Canada is restricted then why is it a registration option? Boss Casino has not answered that question properly because there is no answer that they can provide which doesn’t highlight their incompetence and dishonesty. It is clearly deceptive practice to offer Canada as a registration option and then have a clause buried in your terms which not only contradicts their own website, but is only actually applied when the customer wins. This clause is not applied when the customer loses. Boss Casino is therefore effectively defrauding Canadians because we can either lose our deposit or if we happen to win, have that win cancelled. Canada remains a registration option despite this complaint and Boss Casino will not honor winning bets. It will only collect when deposits are lost, never paying out.

Why does Boss Casino not put out a notice when Canadians enter its website that Canadians are not accepted? If a casino has a drop down with Canada as an option, then this clearly indicates that Canada is an unrestricted territory for that casino. If the casino accepts bets from Canadians who have registered onto their site by selecting the option “Canada” at the registration page, then this is not the action of a casino who has restricted that country. In practice, the only restriction that Boss Casino has applied to Canadians is that they are restricted from winning. I can assure you they are still perfectly able to lose their deposits. Even while this complaint has progressed, Canadians are still able to sign up and lose. How does Boss Casino explain this?

Finally, if Canada is restricted then why did my Boss Casino account manager personally solicit me to deposit and play on their website? She told me that NetEnt games could not be entered since I was playing from Canada and that my freespins were cancelled. But then she told me that despite all this I could deposit and claim a deposit bonus as a Canadian. If Canada is restricted as Boss Casino claims, then why did their own management encourage me to deposit knowing fully that I was Canadian?

I have uploaded the screenshot of the email that was sent to me after my first deposit. At this point your manager should've said not to make further deposits and should have refunded me my first deposit. At this point this email self explanatory.

Askgamblers, I ask you to step in now and please let us know what is right.

Posted on April 18, 2019

Dear DRUNK85FUN!
Undeniably you registered an account by choosing Canada as your country of residency.
On the last step of registration, you have to confirm our Terms and Conditions, where it is stated that Canada is the territory of restricted jurisdictions, which means that in case you open or use the Website while residing in a Restricted Jurisdiction territory, your account may be closed by us immediately; any winnings and bonuses will be confiscated and the remaining balance returned.
To complete registration, each registering client has to read and accept our policies, and fully acknowledge the consequences of breaching them.
It is the responsibility of the player to ensure that gambling activity is legal in your country. Despite this fact, you continued Your depositing and gaming activity.
Moving further to your conversation with the account manager, there was no intention to drag you into collision by which we would withhold your winnings.
The last update of our Terms was on the 27th of March 2019. You have registered your account one week later. We can confirm it by providing the info from the database via a private secure channel to AskGamblers representatives.
We will not deny the fact, that account manager didn't manage to timely check updates and forestall you from further depositing activity. Nevertheless, the availability of Canada in the registration form or misunderstanding with casino representatives DO NOT prevail over TERMS and CONDITIONS.
This case has been reviewed by our technical team and Canada has been completely removed from the list of countries available for registration.

Best Regards,
Boss casino

Posted on April 18, 2019

Your term states "According to p.4.8. of our Terms and conditions, for various legal and commercial reasons, we do not permit accounts to be opened or used by customers residing in certain jurisdictions"

Not only was your system supposed to stop me from registering at your casino but to even stop me from placing bets on your site.

You have admitted that your account manager did not acknowledge the fact that I was from Canada and told me I was free to claim a new bonus.

I would appreciate if you take this error and accept your casino made mistakes and pay my rightful winnings.

AskGamblers
Posted on April 19, 2019

Dear all,

After careful analysis of all the information and proofs presented during the course of this complaints process, AskGamblers Complaints Team reached to the conclusion that both parties are equally to blame for the situation. Player never denied violation of point #4.8 from BOSS Casino Terms and Conditions while the casino management admitted that a/ Canada although being a restricted country was still an available option to choose and proceed successfully upon registration; b/ allowed player from a restricted country to deposit successfully twice and c/ their representative obviously failed to advise player in adequate manner although being in aware he was coming from a restricted country. Based on the above, AskGamblers Complaints Team believe the only fair solution here would be if the operator refund all deposits made by the player and confiscate his winnings so that none of the parties would suffer any financial damages considering their own fair share of guilt. In addition, we strongly encourage the operator to review their registration form and process and make sure all the necessary steps to prevent similar situations in the future are taken.

Considering the fact that BOSS Casino management have already declared their will to refund all player's deposits, AskGamblers Complaints Team consider this case as Resolved and officially closed.  In case of a disagreement with our decision we remind player that further assistance on this matter could be requested from the relevant regulatory body. 

AskGamblers
Posted on May 15, 2019

This complaint has been reopened as per submitter's request and AskGamblers Complaints Team would like to give it one more try and help both parties involved into the dispute reaching to a satisfactory resolution.

Posted on May 17, 2019

Hi,

The casino has not provided my refunds yet.

Also just to mention, if a player from a restricted country tries to access their site now ... it says ------------>

"This site does not accept users from your country.
If you have any questions, please, contact our client support center via suppor­[email protected]­oss­cas­ino.com"

This is something that was supposed to be done a long time ago btw.

Thanks

Posted on May 20, 2019

Hello DRUNK85FUN!
We have sent you an email with the details regarding your withdrawal procedure.
We truly appreciate your cooperation in this matter and looking forward to hearing from you soon.

Best regards,
Boss casino

Posted on May 22, 2019

You have already verified my account a few weeks back, however I have sent you all my banking details and card number via email. Just waiting for you to send my 350 euros.

Thank you

Posted on May 23, 2019

Dear DRUNK85FUN!
We would like to inform you that the funds have been paid out to you via Wire Transfer. Please allow up to 5-7 days (depending on your bank) for the money to arrive at your account. Please let us know when you receive it.

Best regards,
Boss casino

AskGamblers
Posted on May 27, 2019

Dear @drunk85fun,

Please make sure to update your issue in a timely manner and let the AskGamblers Complaints Team know if you got the payment. Be in aware in case you fail to respond within the given time frame we will consider your issue as resolved and your complaint will be closed accordingly. Please keep in mind that as per the AGCCS terms providing updates in a timely manner is a must.

Thank you for your cooperation.

Posted on May 27, 2019

I can confirm that no money has been received yet.

Thanks

Posted on May 31, 2019

Hello DRUNK85FUN!
Please let us know if the money has arrived at your account by now.

Best regards,
Boss casino

AskGamblers
Posted on May 31, 2019

Dear @drunk85fun,

Please make sure to update your issue in a timely manner and let the AskGamblers Complaints Team know if you got the payment. Be in aware in case you fail to respond within the given time frame we will consider your issue as resolved and your complaint will be closed accordingly. Please keep in mind that as per the AGCCS terms providing updates in a timely manner is a must.

Thank you for your cooperation.

Posted on May 31, 2019

Nothing has arrived as of today.

Can you please send me a screenshot of the transfer so I can show it to my bank ?

Thank you

Posted on June 3, 2019

This is the email I received today.

"I am writing regarding your withdrawal which had been earlier paid out via Wire Transfer.

Unfortunately, the funds have returned to us for some reason. We make every possible effort for you to get the money in the soonest time possible. It will be refunded to your Visa card.

Please accept our apologies for the inconvenience."


I have informed you that the withdrawal via credit card will not work as its not allowed with my bank. Only option would be is wire transfer to my bank account.

Posted on June 6, 2019

Hello DRUNK85FUN!
We are contacting you regarding the 2 transactions refunded to your payment card as earlier your bank had not accepted wire transfer.
We have received information from the payments sending system that both refunds successfully reached your bank.
In cases, when your payment card does not support this type of operation, funds are usually stored on a special bank's correspondent account. Yesterday we sent you an email with the details of the transactions so you can contact your bank with them.
Please let us know about the result. We are looking forward to hearing from you.

Kind regards,
Boss casino

AskGamblers
Posted on June 6, 2019

Dear @drunk85fun,

Please confirm if the issue has been resolved. Be in aware in case you fail to respond within the given time frame we will consider your issue as resolved and your complaint will be closed accordingly. Please keep in mind that as per the AGCCS terms providing updates in a timely manner is a must.

Thank you for your cooperation.

Posted on June 6, 2019

Hi Boss casino,

I have verified with customer support over the phone. I have also contacted my branch including the manager with the two ARN numbers you provided and can confirm that the bank has never received any funds from you.

You previously mentioned that the the two transfers had failed and then a few days later confirmed that same transaction were in fact processed. Which is it ?

It seems like you have never refunded my original 350 euros.

Thank you

Posted on June 7, 2019

Hello drunk85fun!
We understand your feelings and have no intentions to delay your funds. Earlier we sent the money via Wire Transfer, but your bank did not accept the payments, and they returned to us. That is why both of the transactions have been refunded to your Visa card after that. The ARNs we have sent you are for 2 Visa transactions, not the wire transfer. According to the information of the payment system, both of the transactions - for 150 and 200 EUR have been successful. In cases, when your payment card does not support this type of operation, funds are usually stored on a special bank's correspondent account. That is why we would kindly ask you to double check with your bank.

Kind regards,
Boss casino

AskGamblers
Posted on June 9, 2019

Based on submitter's last post AskGamblers Complaints Team consider this case as Resolved and it is officially closed now.

Thank you all for your cooperation.

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