HomeComplaintsChipstars Casino - Player's account blocked after license dispute.

Chipstars Casino - Player's account blocked after license dispute.

Amount: €5,017

Chipstars Casino
Safety Index:High
Submitted: 30 Nov 2023 | Case closed : 14 Dec 2023
Case closed Our verdict

Unjustified complaint

REJECTED

Case summary

10 months ago

An Austrian player discovered that the online casino he had been gambling on doesn't have a license for Austria. He contacted their VIP Manager to ask about the possibility of getting his deposits returned minus winnings. After a series of delayed responses, they stopped responding and was blocked from their Live support. All of this occurred despite the player being upfront about his location. The complaint was rejected as the player was not obligate for a refund.

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11 months ago

Hello there, dear Casinoguru team. Lets start from the beggining, as i was watching some youtuber, he gambled at this site, and after seeing that the casino has a good amount of games, i decided to register, at registering i filled out i was from Austria, and verified my Adress and ID, that was in May this year, after time passed i was listing not long ago through Instagram and saw an Ad from the Company in Austria, Company of Lawyers that take back your casino loses, and the Ad said it is illegal for any other site rather than Win2day to be able to accept players from Austria because Win2day is the only site in Austria that has the licence to enable players from Austria to gamble online, as i saw that i immediately googled it and i found it out to be true, i immediately informed the VIP Manager about it, and i was asking if i could make a deal with them to be able to get my deposits back minus the winnings, cause it does not state in their T&C that Austria is a prohibited country nor that they have a licence for Austria, after that he immediately blocked my account ( which ofcourse he would, if they have the licence they would not block my account and would proove it that they have ) , and didnt respond for the next 3 days even tho i asked him again and again really nicely, he said that i have every right to do that and after that i asked him again, could we arrange something, and again after that he didnt respond for 3 days and finally he answered: Gogi ( my username at Chipstars casino ) we are done talking, good luck, he even asked me once am i from Austria at which i responded, yes, iam, and didnt once mentioned that i was not allowed to play there cause they dont have the Austrian licence to allow me to play there nor didnt they block my IP, after that i was soo frustrated and couldnt believe it, after some time has passed as of yesterday, i was reading a lot of other reviews and i found one similar to my case but it goes about UK Licence and Chipstars casino, i contacted the VIP Manager Danilo from Chipstars again, and he immediately blocked me, no answer whatsoever, then i contacted the Chipstars support through their live chat, asking about my deposits list, which i asked 3 weeks ago at which firstly they responded it will take 24 hours and then after 24 hours i asked again and they said it will take up to 30 days ( which is apsurd ) , they again said it will take up to 2 weeks more, at which time i asked them again nicely, could we arrange something because of this problem, at which they said they will contact the VIP Manager Danilo again about it and he will reach out to me today or tomorrow, but he will, and he didnt, as of then, they blocked my reach to their Live support i suppose per Email or IP adress, and i couldnt contact them anymore. And for everything i have proof. ( my deposits, chats, links ). Thank you

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11 months ago

Hello dancibilanovic,

Thank you very much for submitting your complaint and I'm really sorry to hear about your issue with Chipstars Casino. Please allow me to ask you a few more question before we would move forward.

Could you please advise since when is your account fully verified? Did you have any remaining real money balance on your casino account when it got blocked? When was the last time you spoke to the casino and what was it about?

Please note that unless the casino restricts a country within their terms, it is up to the player to know it's own country laws and unless you had any balance on your account left, the casino is not obligate to refund anything.

Looking forward to your answer.

Regards,

Nick

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11 months ago

Hi there, thank you for the answer.

My account was fully verified i would say not long after i registered, maybe 3 days max?

No, i didnt have any remaining balance when my account was blocked.

The last time i spoke to the casino was today about asking them whether or not the VIP Manager Danilo will contact me or not, because they said he would but he didnt.


Actually as to be noted, the casino is obligated to refund my deposits minus the winnings cause the casino said that they had the licence which they are accepting players from Austria, which they absolutely dont have and i have every right to get my deposits minus the winnings back.

Because with my registration, and not notifying me or even that it said that Austria is not allowed, therefore they refused their own T&C and allowed the players to play there, they should block every IP from Austrian players. They knew right from the start of registration that i was from Austria, and they are stating :

if it becomes apparent to them that iam a resident in a country in which the use of the Website is not legal they have to immediately close my account. Which they didnt do, and allowed me to deposit somewhat of 9000-10000€ , ( 5000€ if you do minus the winning) , and play there for over 5 months at which i found out alone that iam not allowed to play there and it is ilegal for them to let me play.

Will be waiting for additional questions and responds, thank you!

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11 months ago

Section 168 of the Austrian Criminal Code (Strafgesetzbuch, "StGB") includes a prohibition on organising and/or promoting gambling without a licence according to the GSpG. Section 52 GSpG also contains a catalogue of administrative criminal offences subject to fines of up to EUR 22,000 or even EUR 60,000 in case of the provision of illegal gambling.

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11 months ago

After 4 days of waiting on a reply, i did a lot more researches.

I have tried to be in contact with a Casino but with no luck of more information, it is still 20 days ago that i requested my deposit lists and i have not yet received them, and the Casino said that we will be continuing this conversation on Casino Guru. So…This law is in Austria applied. Sorry if it is in German but that is the statement.

Das Monopol zum Anbieten von Onlineglücksspielen liegt bis zum Jahr 2027 bei win2day, einer Tochter der österreichischen Lotterien. Alle anderen Betreiber – darunter auch bwin – bieten ihre Online-Glücksspiele in Österreich ohne Lizenz an, das Finanzministerium klassifiziert diese Unternehmen auf profil-Anfrage wörtlich als „illegal".


And continuing to state their therms of Use:

21.2 Where You are in breach of the Terms of Use, we may at our sole discretion, prior to any suspension or termination of Your Account, notify You (using Your Contact Details) that You are in breach, requiring You to stop the relevant act or failure to act, and/or requiring You to put right an act or fault on Your part and warning You of our intended action if You do not do so, provided always that such notification shall not be a pre-condition to any suspension or termination of Your Account.


I wasnt even once contacted about it, nor did anyone notify me that its illegal to use their Website, and upon asking about it i was immediately blocked and suspenden ( ofcourse) and received a reply 3 days after, not even stating that they were in the wrong and nor apologizing to me.


Continuing:

CONTRACTING PARTIES

3.1 We may need to change the Terms of Use from time to time for a number of reasons, including (without limitation) for commercial reasons, to comply with law or regulations, to comply with instructions, guidance or recommendations from a regulatory body, or for customer service reasons. The most up-to-date Terms of Use can be accessed from the Terms and Conditions link in the footer section of the Website, and the date on which they will come into force is noted in paragraph 1.8 of these General Terms.


They upon this Term changed the regulation and deleted it completely out of their T&C which states ( with screenshot):

8.3 If it becommes apparent to us that You are resident in a country in which the use of the Website is not legal, we have to immediately close your Account.


That statement applied to me all through this time, and they allowed me to Register, Verify me through ID and Adress which clearly stated that i live in Austria, allowed me to deposit fairly said more or less around 5017€ ( minus the winnings ) .

And this T&C Statement screenshot was made on 29.11.2023 09:20.


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11 months ago

With that in mind, my account was blocked upon notifying the VIP Manager about the illegal use of the website, and that was on 15.11.2023 21:18 ( Austrian time) , in which i was stating that it is illegal to use their website from my country,

IF it is Legal, i wouldnt be blocked and would be notified that everything is in Regulation and according to laws, in which case i would be able to continue gambling there normally. ( Which of course they know it is Illegal ),

and here i must provide the Chat Messages with Live Support stating that, the use of their Website is Legal in Austria in which case they know it is Illegal and know about it and breaching their own T&C therefore filemisleading the players and Misleading them . ( Screenshots of 28.11.2023 at 22:11 - Austrian Time) filefilefile

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11 months ago

🙂

Edited
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11 months ago

Hello dancibilanovic,

As long as you had no remaining balance on your account, there isn't anything we can do. It us up to the player to know it's own country's law and unless the casino has restricted it in their terms, every player is free to register there.

You can try to reach of for legal help but from our point of view the casino is not obligate to refund anything.

Is there anything else we could assist you with?

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11 months ago

That is all, i would like to reach the Casino one more time, and if thats not going to help i will be reaching Curacao E gaming, i will be asking for a assistance if needed on how to do it, thank you for your time.

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10 months ago

Iam ready to file a complaint to Curacao E Gaming, can you walk through this with me Nick, are we able to communicate through E-mail?

It is disgusting in which way this Casino treats players, as soon as something happens, they dont respond, they leave you on seen without even answering once, and are blocking you from communicating, it is fully unproffesional.

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10 months ago

Hello dancibilanovic,

You can file a complaint at their license here: https://www.curacao-egaming.com/public-and-players/complaints-step-1

However, as per our point of view, we will be forced to reject the complaint for the above explained reason. In case the regulator would make their decision, feel free to forward it to nikolas.b@casino.guru.

Best regards,

Nick

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