Mystake Casino - Player account created by a minor blocked without refund

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Unseriöses Casino

Mystake Casino

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$ 200

Veröffentlicht am 20. Mai 2024

Hello,

My kid opened an account in the casino without my authorization, depositing money. The casino then found out, and totally blocked the account, as it is expected for them to do.

The problem is that apart from blocking the account, they decided to keep all the money that there's on it.

The account was established without my knowledge or permission, which is a clear violation of the service provider's own Terms & Conditions that prohibit underage individuals from creating accounts and participating in gambling activities.

Since the account was blocked immediately and no services were utilized, there has been no loss or expense incurred by the service provider that would justify withholding the funds.

Also, many jurisdictions including the Curacao one have consumer protection laws that provide for the right to a refund when services are not rendered or contracts are entered into by unauthorized parties, particularly minors. The creation of the account by an underage individual should be considered void ab initio, and any associated transactions should be reversed.

Apart from that, retaining the funds under these circumstances could be considered unjust enrichment, as the service provider has not provided any services in exchange for the deposited funds.

The service provider's Terms of Service grant them the discretionary power to issue refunds. I urge them to exercise this discretion in favor of refunding the balance to the original payment method, given the exceptional nature of this case. They also told me that my kid would be able to receive the money as soon as he is +18, like encouraging him to go back to the casino and having to re-open that account; this makes no sense and is not stated ANYWHERE in their Terms and Conditions.

Ambiguous interpretations of something that does not exist, as the terms and conditions are silent on the reasons why they are keeping my money; all the vague justifications they have been giving me are made up as they go along.

Given the above points, I respectfully request that AskGamblers review this matter and provide a fair resolution. The funds in question were deposited under false pretenses, and I believe that a refund is both legally and ethically justified.

*NOTE: I am attaching to this message ALL THE COMUNICATIONS WITH THE CASINO. Please take them into consideration.

Best Regards

Veröffentlicht am 22. Mai 2024

Hello,

Our policy states that accounts of juveniles are suspended until they become 18. Before then, both the account and the balance are frozen. The user can take out the balance once they turn eighteen years old.



Kind regards,

Mystake team

Veröffentlicht am 22. Mai 2024

Hello,

There IS NOT any SPECIFIC AND CLEAR clause in your terms and conditions regarding the freezing of a minor’s funds upon account suspension, in consequence, the "policy" you are referring to is not legally bidding and simply isn’t anywhere.

That policy is not valid because I have not accepted it in the Terms and Conditions when I registered on the site. So it's not valid in any way. You are breaking your own Terms and Conditions. Please see below what your Terms say about refunds, also check the attached images for the full terms screenshot:

" 12. WITHDRAWAL AND REFUND POLICY
The company reserves right to deduct 20% from the amount of requested withdrawal in case the deposited money was not wagered 1x times before requesting the withdrawal."

What you just replied to me is never mentioned in the terms. Furthermore, it's mentioned that you should be refunding me the $200 USD I deposited minus a 20% fee. Not to keep ALL the money.

*PICTURES OF THE TERMS ON THEIR OWN WEBSITE ATTACHED TO THE MESSAGE.

Veröffentlicht am 23. Mai 2024

Hello,

These terms do not apply to juveniles; we do not make any changes to their accounts. Our policy is to suspend the account before the user turns 18 years old.


Kind regards

Veröffentlicht am 23. Mai 2024

Hello,

Two things I’d like to mention;

1.) This thing you’re saying is never mentioned in your terms and conditions, so as it’s not specified, it’s assumed that the Terms are the same for ALL cases unless something else is specified. You cannot discriminate an user’s case without having it specified in your Terms.

2.) In your license conditions, it says that you cannot accept Spanish customers. Why did you accept in first place the deposit and the account? Following your own terms, you shouldn’t be allowing Spanish users in your site. Spanish law offers protection in this cases: this is why you’re not allowed!


*NOTE FOR ASKGAMBLERS: You can see that Mystake Casino is not allowed, by their license in Anjouan, to accept clients from Spain; you can see it by clicking on their license seal in their website; in the bottom of the license seal there’s a disclaimer that says the casino is NOT allowed to provide services in Spain because they don’t follow our regulations!
They also broke their terms by allowing the registration. VPN wasn’t used and it was never hidden that he was Spanish.

PLEASE, consider that as well, as it’s another breach of their Terms.


Best Regards,
Lcrworld.

Veröffentlicht am 23. Mai 2024

Hello again,

After thinking about it, I won’t reach an agreement with Mystake casino without the help of AskGamblers, as you can see.
I kindly request the help from AskGamblers from this point.

Regards,
Lcrworld.

Veröffentlicht am 25. Mai 2024

Hello,

I will like to add that Mystake Casino also broke their own license Terms by accepting an Spanish citizen on their casino. If you click in the license seal, you can see one of the conditions of the license, told exactly by the licensor. It says this:

" Under this license, apart from its own diligence and legalities, the license holder is not authorized to offer its services in the territories of Australia, Austria, Comoros, France, Germany, Netherlands, Spain, United Kingdom, USA, all FATF Blacklisted countries, and/or any other jurisdictions deemed prohibited by the Anjouan Offshore Financial Authority. "


They claim that when my kid turns 18 he will be able to re-open the account on the casino and play. But this will never happen legally; their license blocks ANY Spanish citizen from registering, and my kid won't be able to legally play or re-open the account at ANY age, as he's Spanish. The only possibility is to get a refund. The licensor (Anjouan Government) doesn't allow registrations from Spain. They broke their own license terms by letting blacklisted countries play, where betting is ilegal in this situation.


Please AskGamblers take this information in consideration.

AskGamblers
Veröffentlicht am 28. Mai 2024

Dear Mystake Casino,

The AskGamblers Complaint Team is kindly asking you to provide a detailed explanation of the issue along with all the relevant facts and evidence that could support your statements refund related. Please make sure to state all the relevant casino terms that you believe justifies non refunding. Please send required information to suppor­t@a­skg­amb­ler­s.com directly.

Please note that according to the AGCCS Terms, we consider all the information presented during the course of our complaint process confidential and as such it will not be shared with third parties.

Please be in aware that in case you fail to respond and/or provide requested information within the given timeframe, the complaint will be closed as unresolved. As a direct consequence of such closure, the operator's ranking score on AskGamblers will be decreased accordingly.

Thanks in advance for your cooperation.

Veröffentlicht am 29. Mai 2024

Hello AskGambler team,

We have already sent you the details regarding that issue, please check them.

Kind regards

AskGamblers
Veröffentlicht am 31. Mai 2024

Unfortunately, both sides involved in this dispute did not manage to reach a satisfactory resolution. As a matter of fact, AskGamblers Complaint Team has been in a direct communication with the Mystake Casino management over the last couple of days trying to find a solution. We are afraid we did not manage to achieve such and therefore, we recommend a player to forward this issue in front of the relevant regulatory body directly. AskGamblers Complaint Team will comply with the regulator's final decision. Until then this complaint is closed and considered as Unresolved.


AskGamblers
Veröffentlicht am 31. Mai 2024

Dear all,

This complaint has been reopened as per Mystake Casino request and the AskGamblers Complaint Team would like to give it one more try and help both parties involved into the dispute reach a satisfactory resolution.

Mystake Casino Beschwerden

  • 63 von 63 gelöst
  • 2 Tagen Durchschn. Antwortzeit
  • 1 Woche Durchschn. Lebensdauer
  • 3,834 USD Durchschn. Betrag

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