The player from Spain requested self-exclusion and permanent closure of his account with Posido casino, yet he was still able to access and deposit funds. He sought a refund of his deposits, citing eligibility under the casino's terms and conditions, and also inquired about compensation for adverse impacts on his daily life. The player reported that despite his requests, the casino had not permanently closed his account and continued to send him bonus offers. The complaint was closed due to the player's lack of response to further inquiries necessary for investigation.
Posido Casino - Player's account remains open after self-exclusion request.
Closed
Our verdict
Player stopped responding
Amount: €2,000
Posido Casino
Safety Index:HighCase summary
Discussion
Public
Public
3 months ago
Translation
I have requested self-exclusion and permanent closure of my account on several occasions from Posido casino and to this day I am still able to access and deposit.
The reason for my request is to claim the deposited amounts.
According to the casino's terms and conditions, I understand that I am eligible to request a refund of these funds.
Therefore, I request that the deposits be refunded to the payment account originally used.
Furthermore, I am within my rights to request compensation for the problems it causes in my daily life.
I would appreciate it if you could inform me about the process and the estimated time for resolving this matter.
I await your prompt response and the resolution of this request. Thank you for your attention to this matter.
Protected under current law.
Sincerely,
Penalties and the possibility of compensation of up to €20,000 in cases where a casino fails to comply with a self-exclusion request are protected by several laws and regulations in Spain, both in terms of responsible gambling and consumer protection. Key legislation includes:
### 1. **Law 13/2011, regulating gambling**
Law 13/2011, on the regulation of gambling, is the main legislation governing all online gambling activities in Spain, including the obligations of operators regarding player protection and the implementation of responsible gambling mechanisms. According to this law:
- **Article 7**: Online gambling operators must guarantee the protection of players and promote responsible gambling.
- **Article 19**: Casinos and other gambling platforms must allow players to voluntarily self-exclude to prevent gambling addiction.
- **Article 25**: Requires operators to adopt measures for the protection of players, including the implementation of policies to prevent problem gambling.
### 2. **General Law for the Defense of Consumers and Users (Law 1/2007)**
Law 1/2007, on the protection of consumers and users, establishes that companies, including online casinos, have an obligation to act transparently and offer a service that does not harm consumers' interests. If a casino fails to comply with self-exclusion requests or allows players to continue accessing its platform after they have requested to be excluded, the player can sue for breach of contract, seeking compensation for damages suffered, including financial and psychological losses.
- **Article 82**: Establishes that consumers have the right to be protected against unfair commercial practices, including those that may induce the player to continue participating in gambling activities despite their requests for self-exclusion.
### 3. **Law 7/2010, on audiovisual communication**
This law also establishes regulations for gambling advertising, which must be responsible and protect users from gambling addiction. The law encourages online gambling operators to implement preventative measures to avoid player addiction, including providing easy self-exclusion options.
### Possible sanctions and compensation
If a casino fails to comply with a self-exclusion request and causes financial or psychological harm to the player, the affected player may seek compensation for the damages suffered. This compensation may be based on:
1. **Economic damages**: The losses suffered by the player because he was able to continue playing despite having self-excluded.
2. **Moral damage**: The psychological and emotional impact of having been exposed to gambling after requesting self-exclusion.
### Procedure for claiming compensation
If the casino does not respond adequately to a complaint or does not comply with a self-exclusion request, the player has the right to file a lawsuit. This lawsuit could be based on:
- **Breach of contract** (if the player can prove that their self-exclusion request was not properly addressed).
- **Damages** (if the player has suffered economic losses or moral damage as a result of the lack of protection).
- **Violation of consumer protection legislation**.
### Conclusion
If a casino fails to comply with a self-exclusion request in Spain, the player has the right to claim compensation for damages suffered, under Law 13/2011, Law 1/2007, and other related regulations. Compensation may cover both financial and moral damages, and the courts can impose significant penalties if the casino is found to have acted negligently.
Automatic translation:
Public
Public
3 months ago
Important notice:
Casino Guru will never ask for payments or access to your accounts to complete KYC. If someone claims to be from Casino Guru and does that, do not share any information.
We only contact players through this official complaint thread or via @casino.guru e-mail addresses. Always check the sender’s domain and verify your complaint resolver’s e-mail address by clicking on their avatar visible inside the official complaint thread.
If anything seems suspicious, contact us directly.
Stay safe.
Public
Public
3 months ago
Dear Ivf1923,
Thank you for taking the time to submit your complaint. I sincerely regret to learn about your negative experience. To clarify, I would like to explain the difference between closing an account and self-exclusion:
Closing an account is a straightforward process that typically has minimal consequences. The player retains the ability to reopen their account at any time, and the casino has no obligation to the player. In fact, the casino may attempt to retain the player by offering bonuses or additional special advantages.
On the other hand, self-exclusion due to a gambling problem carries significant implications. When a player successfully requests self-exclusion, the casino commits to not reopening that account, or if they do, it will only occur under specific circumstances (after a designated cooling-off period, and this option is not available for players who struggle with addiction or gambling problems).
Could you kindly share the reason for your account closure? Additionally, please forward the account closure requests you sent to the casino to my email at kristina.s@casino.guru.
Thank you very much for your cooperation.
Best regards,
Kristina
Public
Public
3 months ago
TranslationTo this day they still haven't responded or permanently closed my account despite having requested self-exclusion.
I also receive daily emails and texts with bonus offers.
Automatic translation:
Public
Public
3 months ago
Thank you for your prompt response, Ivf1923. May I kindly ask you to clarify the reason behind your account closure request? This information is necessary for us to proceed with this complaint effectively.
Public
Public
3 months ago
Dear Ivf1923,
We are extending the timer by 7 days. Please, be aware that in case you fail to respond in the given time frame or don’t require any further assistance, we will reject the complaint.
Public
Public
2 months ago
We regret to inform you that, due to the lack of response from the player to our messages, inquiries, and reminder, we are unable to proceed with further investigation or provide potential solutions at this time. As a result, we must close this complaint for the moment.
However, please note that the player retains the option to reopen this complaint at any time in the future should they choose to resume communication. We remain open and ready to assist in resolving the matter should the player decide to reach out again.
Thank you for your understanding.
Best regards,
Kristina
Casino.Guru
