The player from Rhineland-Palatinate announced a self-exclusion due to a gambling addiction but was still able to deposit €1,500 into the casino after the ban was in place. Despite her efforts, the casino continues to reject her requests for refunds. The complaint was rejected as the player got redirected to OASIS directly.
BacanaPlay Casino DE - Player's self-exclusion is being bypassed by the casino.
Amount: €1,500
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Case closed
Our verdict
Other
REJECTED
Case summary
1 year ago
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1 year ago
Translation
Hello,
I placed a ban on myself through OASIS due to my gambling addiction on 22nd March 2023 (confirmation from the Darmstadt Regional Council is available and has also been sent to the casino). The casino has been licensed in Germany since the 22nd December 2022 and committed itself to joining the ban system. However, they have evidently not adhered to this, as I was able to deposit a total of €1,500 into the casino between 23rd March and 17th April 2023. This should not have been possible due to my ban, otherwise the player protection mechanism is being bypassed. Therefore, I demand the return of all deposits made after my self-exclusion. All the requests I have personally directed to the casino have been rejected. The last email reads as follows:
"Dear XXX,
thank you for your email regarding the bonuses.
Please note that it was not possible for various reasons to start operating immediately after the licenses were granted, and since these were the same for all operators, your lawyer should be able to advise you further.
If you have further questions, we are happy to assist you. For quicker support, I recommend our wonderful chat.
I wish you a wonderful day.
Kind regards,
George"-
This is simply incorrect and does not correspond to either the legal situation or the current legal judgment (Judgment of AG Ludwigslust - 41 C 87/21).
I would kindly ask for your support in this case.
Thank you very much in advance!
Klara 09
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1 year ago
Hello Klara09,
Thank you very much for submitting your complaint and I'm really sorry to hear about your issue with BacanaPlay Casino DE. Please allow me to ask you a few more question before we would move forward.
Could you please advise when did you register into the casino? Where did you get the information that the casino has a German license since December 2022? Is your account currently still active? When was the last time you contacted the casino and how did they respond?
Looking forward to your answer.
Regards,
Nick
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1 year ago
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Hello Nick,
I registered at www.bacanaplay.de on November 16th, 2022. The casino advertises on its website that it has had a German license since December 29, 2022.
The casino has also been on the whitelist since March 2023 at the latest and must therefore adhere to the associated requirements.
My account is inactive due to my addiction. I have been in contact with the casino almost every day since April 2023. I received the last email on September 7th, 2023.
"BacanaPlay customer service
Thu, Sept 7, 6:31 p.m. (6 days ago)
Dear XXX
Thank you for your email regarding the bonuses.
Please note that for various reasons it was not possible to start operating immediately after the licenses were granted and as these were the same for all operators, your lawyer should be able to advise you further.
If you have any further questions, we will be happy to help you. For faster support I recommend our wonderful chat.
I wish you a wonderful good day.
Best regards
George
BacanaPlay customer service
www.bacanaplay.de "
I hope that this answers all your questions and that I can be helped here.
With many thanks in advance
Klara09
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1 year ago
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Hello, is there a reason why I didn't receive a response within the deadline you set?
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1 year ago
Hello Klara09,
Could you please advise if you did contact the licensing authorities or any lawyer. If not please be sure to contact the licensing authorities as first as they might give you an answer instantly regarding your issue.
As the German license is quite new in the industry, many rules are not yet clear or not enforced so the casino might be right in their statement.
Please contact them as soon as possible and let us know the outcome.
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1 year ago
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I have already informed GGL and received feedback. The casino has behaved contrary to the rules and the resulting claims must be enforced under civil law. There is a very clear court ruling on this.
From a judgment of the AG Ludwigslust - 41 C 87/21:
Quote
"Section 21 Paragraph 5 GlüStV (2012/2020) regulates that banned players do not take part in bets.
men are allowed. This standard is a prohibition law within the meaning of Section 134 of the German Civil Code (BGB).
This emerges initially from the wording of the following sentence 2, which is expressly mentioned by one
Prohibition speaks. The purpose of the standard is also to protect banned players from financial loss.
to protect tens, which regularly occur in betting and lottery offers for purely mathematical reasons
reasons are to be expected. In particular, the standard applies to the protection of people addicted to gambling
before oneself. The mandatory nature of the norm, which does not allow for exceptions, is clear
to understand that private autonomy takes precedence over the interests of those who are worthy of protection
player withdraws. This goal can only be achieved with the character as a prohibitive norm.
- The concluded gaming contracts are therefore void. This also applies if the defendant
actually received a license to organize online sports in a letter dated February 19, 2021.
bets were placed. The plaintiff denied this because the defendant had the concession in the facility
B 5 only presented excerpts. However, this is ultimately irrelevant, because even after the previous
According to the extracts provided, the defendant would only have been allowed to organize sports betting if
after being connected to the OASIS player ban system. This results from the
Additional provision on page 9 of Appendix B 5. It states: "Blocked players are excluded from the partial
to exclude participation in sports betting on the Internet. In order to avoid the exclusion of banned players
guarantee, the concessionaire must contact the central authority before commencing business operations.
central lock file OASIS GlüStV." This is an express requirement for the installation
acceptance of the blocking system. That on the part of the authorities here-
has been approved for a schedule does not mean that despite the device not being connected,
business operations would have been permitted. To the letter from the regional council dated
May 6, 2022, Appendix B 7, it therefore does not apply. That there is a certain amount of time to arrive
Connection to the player blocking system has been confirmed does not mean that business operations
should have been included regardless of this. Even if this had been the case
re, player contracts from the assessment of Section 21 Paragraph 5 GlüStV with banned players would be considered
immoral and therefore also void, § 138 BGB.
So the casino is wrong. You can't reap the benefits of making money while completely ignoring the obligations. According to the court ruling cited, these apply from the first day the license is issued. The casino must therefore adhere to the legal requirements from the issuance of the German license - December 29th, 2022 - which you have demonstrably not done. This applies to both sports betting and casinos.
Best regards
Klara09
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1 year ago
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Again for clarification. The law firm HAHN Rechtsanwälte summarizes all of the obligations resulting from the granting of a German license for providers on its website:
State Treaty on Gambling from July 1st, 2021 - Overview of the most important changes (Source; Online Casino: Get your money back if you lose your money - here's how it works! (hahn-rechtsanwaelte.de) )
- Free games are prohibited.
- A player account must be created and verified in advance.
- The stake may not exceed one euro per game (§ 22a, paragraph 7).
- Several virtual slot machine games may not be played at the same time (§ 22a, paragraph 10).
- Players are allowed to deposit a maximum of 1,000 euros per month.
- A virtual slot game must last at least five seconds (§ 22a, paragraph 6).
- Virtual slot machine games with a banker (especially roulette and black jack) are prohibited (§ 22a, paragraph 2).
- A clearly visible button must be displayed, which, when pressed, triggers an immediate, short-term block (§ 6, paragraph 3).
- There is a cross-game blocking system. Banned players are not allowed to take part in the games.
- Customers must be regularly informed of their profits and losses.
- Casinos are only allowed to advertise between 9 p.m. and 6 a.m. (Section 5, Paragraph 3).
I have been demonstrably blocked via OASIS since March 22, 2023. The mandatory login query was demonstrably not made, as I was still able to play until April 17, 2023. This clearly violates current law.
I find this case to be very clear. Here the guidelines were violated, to my detriment.
Klara09
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1 year ago
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Can you please tell me why, once again, no response has been received within the self-imposed deadline?
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1 year ago
Hello Klara09,
Could you please clarify whether you did play casino games or sports betting?
As the OASIS serves to exclude sports betting from the casino only, you were still allowed to play any casino games.
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1 year ago
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Hello Nick,
Please excuse me, but that is not correct at all. The OASIS is a blocking file for all games of chance offered, including online casinos of course.
OASIS is a system that is used to control access to casinos, betting offices and online casinos . The name OASIS stands for online query player status.
Section 2 Paragraphs 2 to 10 GlüStV 2021 shows which organizers and agents are obliged to ensure the exclusion of banned players. Specifically, these are:
- Operators of arcades (with cash and merchandise gaming machines)
- Organizer (and broker) of sports betting
- Providers of lotteries that are organized more frequently than twice a week
- Casino operators
- Commercial gaming agents
- Horse betting on the Internet
- Bookmaker
- Online casino games organizer
- Online poker organizer
- Organizers of virtual slot games on the Internet and
- Display of money or gaming machines in restaurants.
The judgment I quoted referred to a betting provider but also applies to online casinos. Who is blocked via OASIS. Access to any gambling provider licensed in Germany may not be granted.
I hope this is now clear.
Klara09
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1 year ago
Sorry guys but I really do not know what is going on / wrong here. If you're not familiar with the new German legal situation, that's okay, but it has to be said that way. Bacanaplay has a German license since December 29th, 2022 and is therefore legally obliged to compare the data of every player with the lock file for every game since that day. In my case, the casino demonstrably did not do this. The casino has therefore violated applicable German law and is liable to pay me compensation. I do not understand why I have to go to court and pay a lawyer if this violation is so obvious. Also I find it unfair that my statements are still waiting for confirmation - why? I would appreciate it if you would inform yourself about the current legal situation in Germany.
Your help is very much appreciated.
Nicole D****
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1 year ago
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Hello, can you please tell me if anything is being done here? I have little desire to have to use my own financial resources to resolve this conflict, but it really can't stay like this.
Best regards
Klara09
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1 year ago
Dear Klara09,
In the past, we have handled license-related cases, but we have received guidance suggesting that it is best for players to directly contact OASIS https://www.en.oasisfloral.de/contact/. Regrettably, we are not privy to the specific procedures and methods OSASIS employs to verify eligibility for refunds among registered users. While we have our own self-exclusion procedures, OASIS operates independently and employs its own set of criteria, which we are not acquainted with. Consequently, it is beyond our ability to assess such cases.
If there are any further developments regarding your case in the future, please don't hesitate to contact me at nikolas.b@casino.guru, and I will update this thread accordingly. Once again, I wish we could offer more assistance.
Kindly inform me of your preferred course of action.
Best regards,
Nick
