FreshSpins Casino - Player's winnings were confiscated.

Hello,

I deposited 400 EUR with Brite to play at Freshspins. Before doing so I carefully checked their bonus terms and especially what is the maximum bet and what games are excluded from playing with bonus funds.

The wagering was a very large one, 24000 EUR.

I managed to clear the wagering and was left with a balance of 4100 EUR. However today I noticed that instead of processing my withdrawal of 4100 EUR they only paid back 400 EUR instead of 4100 EUR. So less than 10% of the money I won.

When I asked about this in chat they said they have a right to close my account as per their T&C. I read the T&C they pasted to me and agree they have a right to close my account. However they do not have a right to take my money.

Also worth nothing that they did not close my account, even though that is what they said. They only took my money and I am still able to log in. Even the deposit button still works and it is offering me some freespins on my next deposit.

Please Freshspins pay me my winnings, you can close the account if you want.

They did not inform me of any of this before I went to chat so I asked them to email me. This is the email I received:

Hi Hanna,

Regarding the request on our chat conversation, I will send you this email.

We are writing to inform you that we have taken the decision to close your account. 

Please find below the relevant paragraph from the terms and conditions in relation to the closure of your account:

4.2 Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services we provide without notice. The Website is updated regularly, and may change at any time. You acknowledge and agree that the specific form and/or nature of the Website or Services may change from time to time without prior notice and we may cease providing the Services (or any specific features within the Services) to you at our sole discretion, without prior notice to you. If the need arises, we may suspend access to the Website, or close it indefinitely. We will not be liable if for any reason the Website is unavailable at any time or for any period but this shall not, of itself, preclude us from returning to you any money that is properly due to you. We will not be liable for any loss whatsoever arising from the cancellation of any Service.

4.3 We may terminate your Account, delete any Content and/or prohibit you from using or accessing the Website or Service (or any portion, aspect or feature of the Service) and return any money that is properly due to you at any time in our sole discretion if:

· you are in breach of any of these Terms or we have a reasonable suspicion that a breach may occur;

· you refuse or fail to comply with any reasonable request by us to provide further information in relation to you, including, but not limited to information regarding your identity or source of wealth;

· we consider or reasonably suspect that you have used, or intend to use, the Website or Services in a fraudulent, unfair or bad faith manner or for illegal and/or unlawful or improper purposes;

· we are required to do so in order to comply with our legal and/or regulatory obligations; or

· we consider that the continued use of our Website or Services by you will, or is reasonably likely to, cause us material financial risk, harm or loss.

Kind regards,

Jenny

FreshSpins Customer Support

Dear fitbit,

Thank you very much for submitting your complaint. I’m sorry to hear about your negative experience with FreshSpins Casino.

Please allow me to ask you a few questions, so I can better understand the situation. 

• Could you please advise which specific bonus did you redeem?
• How long were you a player in the casino?
• Did you pass the account verification?

I hope we will be able to help you to resolve this issue as soon as possible. Thank you very much in advance for your reply.

Best regards,

Tomas

Hello Tomas,

Thank you for your quick reply. To answer your questions:

Could you please advise which specific bonus did you redeem?

I redeemed a 100% 400 EUR first deposit bonus for slots. The maximum allowed bet size was 5 EUR and I did not overbet. I only wagered in two slots (Beast Mode and Toki Time) and now checked again and both are still allowed while playing with bonus as per their bonus terms and conditions.

How long were you a player in the casino?

I deposited on April 12th so since then. Today was when I noticed that they only paid me 400 EUR instead of full balance.

Did you pass the account verification?

They did not ask for any documentation. However the deposit was made with Brite payment provider and I think there is a soft KYC included in the deposit.

I hope those answers were helpfull,

fitbit

Thank you very much, fitbit, for providing the necessary information. I will now transfer your complaint to my colleague Tomas (tomas.k@casino.guru) who will be at your service. I wish you the best of luck and hope the problem will be resolved to your satisfaction in the near future.  

Hi fitbit,

I've reviewed your case and fully understand your concerns. I'll try my best to help you with the issue by contacting the casino.

I'd like to ask FreshSpins Casino to join this conversation and share more information regarding the case.

Can you please provide any reasons why the player's winnings have been confiscated?

Thank you.

Best regards,

Tomas

We would like to ask the casino to reply to this complaint. We are extending the timer by 7 days. If the casino fails to respond in the set time frame, we will close the complaint as ‘unresolved’ which may negatively affect its rating.

Dear fitbit,

I have tried to contact the casino repeatedly but had no success. I’m afraid there is not much that can be achieved without cooperation from its side. I will mark the complaint as "unresolved" in our system. I understand this isn't a satisfactory solution to your issue. However, the decrease in the rating caused by unresolved complaints might help to change the casino's approach. If the casino decides to react, we will reopen the complaint, and you will be notified by email.

In the meantime, I recommend you contact the EADR – an alternative dispute resolution service (https://eadr.org/eadr-form/) and submit a complaint to them. It collaborates with the Gaming Authority and has better options and tools to help players. The next step would be contacting the Malta Gaming Authority itself (https://www.mga.org.mt/support/online-gaming-support/).

Please let me know how the ADR responded (tomas.k@casino.guru).

I am sorry I could not be of more help on this occasion.

Best regards,

Tomas

We’ve reopened this complaint at the request of FreshSpins Casino. We would like to allow this case one more chance to be resolved and help both parties involved to reach a satisfactory conclusion.

Dear FreshSpins Casino,

Could you please share your statement and information regarding this case?

Thank you.

Kind regards,

Tomas

Hi,

Pleas excuse the late reply - we have made changes to our procedures in order to be able to respond to these types of queries on Casino Guru.

When investigating your account the investigating team found that you shared an IP address with other accounts, with the same claimed bonuses between them, hence breaching our Terms & Conditions:

7.8 Users may open only one Account on the Website and only one Account is allowed per household and per IP address. Any duplicate and/or linked Accounts that are identified will be refused, suspended or closed. If the Operator identifies duplicate or linked Accounts that in the Operator's sole discretion have been created with the intention of gaining additional bonuses, circumventing any Account limits (including Bet, deposit and other wagering limits), or to gain any other unfair advantage, then the Operator reserves the right to void all Bets placed in all duplicate and/or linked Accounts (including a User’s primary Account). To the extent such voiding of Bets results in a negative balance in any Account, the Operator reserves the right to set-off such negative balance against any positive balance remaining in any duplicate and/or linked Account.

8.9 If, in our reasonable discretion, we determine that a User has engaged in fraudulent, unlawful, dishonest or improper activity (including, without limitation, the provision of false or deliberately misleading information or bonus abuse), we reserve the right to immediately terminate or deny a User access to their Account. In such event, all Account balances (including both deposits and any winnings and bonuses) and any paid winnings shall be forfeited to us and we reserve the right to disclose information (including the identity of the User) to applicable parties including but not limited to; the Authority, banks, credit card companies and/or any person or entity that has the legal right to such information, and/or taking legal action against such User.

It is also worth to note that this case has already been through the European Alternative Dispute Resolution, who ruled as follow:

DECISION:

In view of the foregoing considerations, please be advised that EADR Ltd in its capacity as an independent adjudicator duly engaged for the purposes of this dispute has therefore conclusively established the following:

THAT it was confirmed and indeed evident that the Player had breached Clauses 5.3, 7.8 and 8.9 of the Operator’s T&Cs, which the Player was required to acknowledge and accede to upon registering the Player Account;

THAT therefore the Operator had reasonable grounds and indeed was justified in exercising its right under Clauses 5.3, 7.8 and 8.9 as a result of the said Breach by the Player;

THAT Clauses 5.3, 7.8 and 8.9 was relied on by the Operator to confiscate the Player’s generated winnings, because of the Player’s Breach

THAT in view of the foregoing and there being no further concerns/issues to resolve, EADR Ltd declares the dispute closed.

The customer has also taken part of this decision by the EADR, in its full.

In light of this information we kindly ask that Casino Guru closes this case as resolved. Thank you!

Dear fitbit,

Can you please confirm that you have received the statement from the EADR with the above-mentioned decision?

Thank you.

Kind regards,

Tomas

Hello,

I have not received any statement from EADR.

If that is the ruling from EADR then I call bullshit. There is no way anyone used the same IP as me.

Dear FreshSpins Casino,

Could you please forward the official ADR decision to my email address? (tomas.k@casino.guru)

Thank you very much.

Kind regards,

Tomas

We would like to ask the casino to reply to this complaint. We are extending the timer by 7 days. If the casino fails to respond in the set time frame, we will close the complaint as ‘unresolved’ which may negatively affect its rating.

Hi fitbit,

Have you already contacted the EADR?

I’m extending the timer by 7 days. Kindly note that in case you don’t reply in the given time frame, I will have to reject your complaint.

Kind regards,

Tomas

Dear all,

Unfortunately, the player has not responded to our messages and questions. Consequently, we are unable to investigate further and have no choice but to reject this complaint.

The player can reopen this complaint at any time.

Kind regards,

Tomas