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.